Boyapati v Rockefeller Management Corporation (No 2)

Boyapati v Rockefeller Management Corporation (No 2) involved a dispute between copyright owners and alleged infringers concerning the unauthorised use of copyrighted material. The applicants, Boyapati, sought relief under the Copyright Act 1968 (Cth) against the respondents, Rockefeller Management Corporation, for copyright infringement and conversion. The court was required to determine whether the respondents had infringed the applicants' copyright and if so, the appropriate remedy. The central legal issues included whether the respondents had indeed infringed the applicants' copyright and, if so, what form of damages and other remedies should be awarded.

The court found that the respondents had infringed the applicants' copyright by creating and distributing infringing copies of the copyrighted material. The court also held that the applicants were entitled to damages for both copyright infringement and conversion. The court clarified that damages for copyright infringement and conversion are not alternative but cumulative remedies, aligning with the decision in Sutherland Publishing Company Limited v Caxton Publishing Company Limited. However, the court must consider whether the relief under copyright infringement is sufficient to avoid double compensation. In this case, the court found that the relief under copyright infringement was not sufficient, and therefore, damages for conversion could also be awarded. The court then ordered the respondents to pay damages for copyright infringement and conversion, interest on those damages, and restrained them from further infringement. Additionally, the court ordered the respondents to pay costs and make specific disclosures.