Melbourne University Publishing Ltd v Williamson

Melbourne University Publishing Ltd, along with other publishers, brought an action against the University of New South Wales (UNSW) and its student, Mr Williamson, for copyright infringement. The dispute centred on the alleged illegal copying and distribution of literary works by Mr Williamson and UNSW, who were accused of facilitating the infringements. The matter was heard in the Federal Court of Australia.

The primary legal issues the court had to decide were whether the acts of copying and distribution constituted copyright infringement, and if so, what remedies were appropriate. The court considered the scope of the alleged infringements, including whether the copying was substantial and if the distribution was on a commercial scale. It was also necessary to determine the appropriate relief, including injunctive relief, damages, and the preservation of evidence.

The court found that the acts of copying and distribution by Mr Williamson and UNSW indeed constituted copyright infringement. The court granted an injunction to prevent further infringement without licence. It also ordered the preservation of all relevant property, including copies of the works and accounting records. The court allowed the parties time to agree on damages, with the option to apply for further orders if they could not reach an agreement. Finally, the court ordered the destruction of all infringing copies under supervision.

The court’s orders included granting leave to file an amended application, issuing an injunction against further infringements, allowing time for the parties to agree on damages, and requiring the destruction of all infringing copies. The court also directed the preservation of relevant property and documentation to aid in the determination of damages or an account of profits.