Fasold v Roberts

The case of Fasold v Roberts involved two principal parties: Professor Ian Rutherford Plimer, a Professor of Geology and Head of the School of Earth Sciences at the University of Melbourne, and Dr Allen Roberts, an ordained Christian minister who was an historical researcher in archaeological work related to the boat-shaped formation in Turkey, believed to be Noah's Ark. The primary legal issues were whether Dr Roberts' statements made during public lectures and in publications were misleading or deceptive and whether there was copyright infringement. The court found that Dr Roberts' representations about his qualifications and the nature of his investigations were not misleading or deceptive. However, the court did find that Dr Roberts' statements that he had personally undertaken or participated in systematic investigations at the site and had personally carried out or caused to be carried out scientific tests on objects retrieved from the site were false. Despite this finding, the court did not award any damages because the applicants had not shown that they suffered any loss or damage caused by the misleading or deceptive conduct.

Regarding the copyright claim, the court found that Mr David Fasold held copyright in his book "The Ark of Noah", published in the United States in 1989. The court found that a diagram in Dr Roberts' brochure and newsletter closely resembled a diagram in Mr Fasold's book and that Dr Roberts had authorised the reproduction of the diagram. Therefore, Dr Roberts had infringed Mr Fasold's copyright. The court awarded Mr Fasold damages of $2,500 against Dr Roberts for the copyright infringement. The court did not award any damages against Ark Search Inc, as there was no evidence that it knew or should have known that the brochure and newsletter infringed copyright. The court also dismissed the cross-claim brought by the respondents.