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Surveyors entitled to be paid for copying of plans
Posted By David Jacobson On August 6, 2008 @ 4:21 pm In Intellectual Property | Comments Disabled
In Copyright Agency Limited v State of New South Wales  HCA 35 , the High Court decided that the State of New South Wales was not entitled to use surveyors’ plans (by copying the survey plans and providing them to the public) without fairly remunerating copyright owners.
The court decided that consulting surveyors (who appointed CAL as their collecting agency) own the copyright in their survey plans, which are “artistic works” protected by the Commonwealth Copyright Act.
There was no claim that the State had breached copyright.
The Court held that various factors militated against implying a licence in favour of the State in respect of its dealings with survey plans.
Article printed from Australian Regulatory Compliance Review from Langes+ Lawyers: http://www.langes.com.au/australian_regulatory_compliance
URL to article: http://www.langes.com.au/australian_regulatory_compliance/2008/08/06/surveyors-entitled-to-be-paid-for-copying-of-plans/
URLs in this post:
  HCA 35: http://www.austlii.edu.au/au/cases/cth/HCA/2008/35.html
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