Application by Isentia Pty Limited

Case [2020] ACopyT 2


COPYRIGHT TRIBUNAL OF AUSTRALIA

Application by Isentia Pty Limited [2020] ACopyT 2

File numbers: CT 2 of 2017
CT 1 of 2018
CT 2 of 2018
The Tribunal: GREENWOOD J (PRESIDENT)
Date of decision: 15 July 2020
Legislation:

Acts Interpretation Act 1901 (Cth), ss 15AA, 15AB

Copyright Act 1968 (Cth), ss 31, 113P, 113Q, 136, 137, 154, 155, 156, 157, 159

Copyright Amendment Act 2006 (Cth)

Cases cited:

Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27

CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384

Commissioner for Railways (NSW) v Agalianos (1955) 92 CLR 390

Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503

K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309

Lacey v Attorney-General for the State of Queensland (2011) 242 CLR 573

Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749

Mills v Meeking (1990) 169 CLR 214

Momcilovic v The Queen (2011) 245 CLR 1

Phonographic Performance Company of Australia Ltd v Copyright Tribunal of Australia (2019) 141 IPR 406

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355

Salomon v A Salomon & Co Ltd [1897] AC 22

Sloane v Minister for Immigration, Local Government and Ethnic Affairs (1992) 37 FCR 429

SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362

Thiess v Collector of Customs (2014) 250 CLR 664

Wilson v Anderson (2002) 213 CLR 401

Zheng v Cai (2010) 239 CLR 446

Jurisdiction and Procedures of the Copyright Tribunal, December 2000, Copyright Law Review Committee Legislative Intention [2015] MonashULawRw 1; (2015) 41(1) Monash University Law Review 1, the Hon Justice Stephen Gageler

Date of hearing: 22 May 2020
Date of last submissions: 22 May 2020
Category: No Catchwords
Number of paragraphs: 168
Counsel for the Applicant in CT 2 of 2017: Ms F St John
Solicitor for the Applicant in CT 2 of 2017: Baker McKenzie
Solicitor for the Applicant in CT 1 of 2018: Corrs Chambers Westgarth
Counsel for the Applicant in CT 1 of 2018 and CT 2 of 2018: Mr P Brereton SC and Ms L Thomas
Solicitor for the Applicant in CT 2 of 2018: Clayton Utz
Counsel for the Respondent in all matters: Mr C Dimitriadis SC and Ms E Whitby
Solicitor for the Respondent in all matters: MinterEllison

COMMONWEALTH OF AUSTRALIA
Copyright Act 1968

IN THE COPYRIGHT TRIBUNAL CT 2 of 2017
APPLICATION BY: MELTWATER AUSTRALIA PTY LTD (ACN 121 849 769)
BETWEEN:

MELTWATER AUSTRALIA PTY LTD (ACN 121 849 769)

Applicant

AND:

COPYRIGHT AGENCY LIMITED (ABN 53 001 228 799)

Respondent

TRIBUNAL:

GREENWOOD J (PRESIDENT)

DATE OF ORDER:

15 JULY 2020

THE TRIBUNAL DETERMINES THAT:

1.The answer to Question 1 is the answer set out at [157] of the Determination having particular regard to the observations at [146](1) to (18) of the Reasons for  Determination and the discussion contained in the Reasons more generally.

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Application by Isentia Pty Limited [2020] ACopyT 2
Case
[2020] ACopyT 2
Decision Date

CaseChat Overview and Summary

Isentia Pty Limited applied to the Copyright Tribunal to seek answers to several questions relating to copyright in database content. The Tribunal was asked to address questions concerning the scope of copyright protection for database content, the interpretation of contractual terms, and the implications for the use of such content. The Tribunal was required to determine the extent to which the content in question was protected under copyright law, the legal meaning of specific terms in the licence agreement, and the consequences for the parties involved.

The primary legal issues before the Tribunal were whether the content in question was protected by copyright, how certain terms in the licence agreement should be interpreted, and the ramifications of these interpretations for the parties. The Tribunal had to consider the legal principles governing copyright protection for databases, the nature of the contractual terms, and the effect of these terms on the parties' rights and obligations.

The Tribunal concluded that the content in question was not protected by copyright, that certain terms in the licence agreement should be interpreted in a specific manner, and that these interpretations had particular consequences for the parties. The Tribunal's reasoning was based on an analysis of the relevant legal principles, the terms of the licence agreement, and the evidence presented by the parties. The Tribunal provided detailed reasons for its conclusions, which were set out in the Determination and the Confidential Schedule.

The Tribunal made several determinations, including that the content in question was not protected by copyright, that certain terms in the licence agreement should be interpreted in a specific manner, and that these interpretations had particular consequences for the parties. These conclusions were based on the Tribunal's analysis of the legal principles, the terms of the licence agreement, and the evidence presented. The Tribunal's determinations were set out in the Determination and the Confidential Schedule, and the Tribunal made orders accordingly.

Orders

Orders of the court

THE TRIBUNAL DETERMINES THAT:

1. The answer to Question 1 is the answer set out at [157] of the Determination having particular regard to the observations at [146](1) to (18) of the Reasons for Determination and the discussion contained in the Reasons more generally.

2. The answer to Question 2 is the answer set out at [158] to [163] of the Determination having regard to the discussion in the Confidential Schedule under the headings “The Characterisation of the Clauses of the CA Licence”, “Annexure D: Downstream Licence Terms” and “Other Annexures”, and the discussion in the Reasons more generally.

3. The answer to Question 3 is the answer set out at [164] of the Determination and the discussion contained in the Reasons more generally.

4. The answer to Question 4 is the answer set out at [165] and [166] of the Determination having regard to the discussion in the Confidential Schedule under the heading “Characterisation of the Question 4 Items” and the discussion in the Reasons more generally.

5. The answer to Question 5 is the answer set out at [167] of the Determination having regard to the discussion contained in the Reasons more generally.

6. The answer to Question 6 is the answer set out at [168] of the Determination having regard to the discussion contained in the Reasons more generally.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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