Chinese Media Group (Aust) Pty Limited & Anor v Universal Communication Network Inc trading as New Tang Dynasty

The applicants, Chinese Media Group (Aust) Pty Limited and another party, brought proceedings against Universal Communication Network Inc trading as New Tang Dynasty. The dispute concerned the alleged infringement of copyright in certain television programs. The matter came before the High Court of Australia.

The primary legal issue before the High Court was whether the respondent had infringed the copyright of the applicants in television programs by broadcasting them without authorisation. This involved a determination of whether the respondent's actions constituted an unauthorised communication to the public of the copyrighted material, and whether the respondent had the necessary knowledge or belief that their actions would infringe copyright.

Gummow and Kirby JJ considered the application of the Copyright Act 1968 (Cth), particularly sections 36 and 101, which deal with authorising infringement and secondary infringement respectively. The Court examined the nature of the respondent's involvement in the broadcasting of the programs, focusing on whether they had the power to prevent the infringement and whether they exercised that power. The judges analysed the concept of "authorisation" in copyright law, noting that it requires more than mere passive acquiescence and involves some positive act of sanction or validation. They also considered the respondent's knowledge of the copyright subsisting in the programs and their belief that the broadcast would infringe that copyright.

The High Court found that the respondent had not infringed the copyright of the applicants. The Court held that the respondent did not authorise the communication of the programs to the public in a manner that would constitute infringement, nor did they have the requisite knowledge or belief for secondary infringement. Consequently, the appeal was dismissed.