Eagle Rock Entertainment Limited v Caisley

Eagle Rock Entertainment Limited and Marshbrook Limited, the copyright holders of a film of live performances by Eric Clapton and his band, sought damages from Robert Caisley for copyright infringement. Caisley had breached court orders by continuing to sell and distribute copies of the film. The matter came before the court to assess the damages owed to the applicants. The court had to determine whether the infringement was flagrant and whether additional damages were appropriate, considering the factors outlined in section 115(4) of the Copyright Act 1968 (Cth). The court noted Caisley's failure to comply with discovery orders and his withholding of information about licensing the DVD in other territories, which supported the applicants' claim for additional damages. After considering all relevant matters, the court ordered Caisley to pay damages of $365,000.00 to the applicants and to cover their costs on the application for assessment of damages.