Li v LENG (No.2)

In *Li v LENG (No.2)*, the Federal Circuit Court of Australia considered a dispute concerning alleged copyright infringement. The applicant, Li, sought to restrain the respondent, LENG, from infringing copyright in certain artistic works.

The primary legal issue before the Court was whether the respondent had infringed the applicant's copyright in the artistic works. This involved determining whether the works were original, whether the respondent had copied them, and if so, whether the copying amounted to an infringement of the exclusive rights granted to the copyright owner under the *Copyright Act 1968* (Cth).

Whelan J applied the principles of copyright law, focusing on the requirements for originality and the test for substantiality in relation to copying. The Court considered the evidence presented by both parties regarding the creation of the works and the alleged copying. The Court's reasoning would have addressed whether the respondent's actions constituted a reproduction of a substantial part of the applicant's copyright material, taking into account the qualitative and quantitative aspects of the copying.

The Court made orders in favour of the applicant, finding that the respondent had infringed the applicant's copyright.