Meskenas v ACP Publishing Pty Ltd

The case of Meskenas v ACP Publishing Pty Ltd involved the applicant, Meskenas, who claimed that his copyright in a portrait painting was infringed by the respondent, ACP Publishing, which published a photograph of the painting in one of its magazines. Meskenas was the artist who painted the portrait, but the respondent attributed authorship of the painting to another painter, an error that Meskenas repeatedly requested to be corrected. The respondent did not print a correction for an extended period despite repeated requests by Meskenas. Meskenas sought damages for copyright infringement, breach of moral rights, and publication of a correction and apology. The case was heard in the Federal Circuit Court of Australia.

The primary legal issues the court had to decide were whether Meskenas owned the copyright in the painting or if the copyright was owned by the individual who commissioned the painting. The court also had to determine if the respondent's actions constituted innocent copyright infringement and if the respondent's attribution of authorship to another painter was a false attribution of authorship under the Copyright Act. The court also had to decide if Meskenas was entitled to damages for breach of copyright, breach of moral rights, and the respondent's failure to publish a correction and apology.

The court held that Meskenas was the owner of the copyright in the painting as he was the artist who created it. The court found that the respondent's attribution of authorship to another painter was a false attribution of authorship, even if there was no intention to deceive. The court also found that the respondent's actions did not constitute innocent copyright infringement as they failed to take reasonable steps to identify the copyright owner. The court awarded Meskenas damages for breach of copyright, breach of moral rights, and the respondent's failure to publish a correction and apology. The court ordered the respondent to pay Meskenas the sum of $9,100.00 in damages.

In conclusion, the court found in favour of Meskenas and held that the respondent's actions constituted copyright infringement and a breach of moral rights. The court awarded Meskenas damages for the breach of copyright, breach of moral rights, and the respondent's failure to publish a correction and apology. The court ordered the respondent to pay Meskenas the sum of $9,100.00 in damages.