Network Ten Pty Ltd v TCN Channel Nine Pty Ltd

Network Ten Pty Ltd (the appellant) appealed to the High Court of Australia against a decision of the Full Court of the Federal Court concerning copyright infringement. The dispute arose from Network Ten broadcasting excerpts from television programmes previously broadcast by TCN Channel Nine Pty Ltd (the respondent). The excerpts were of brief duration.

The High Court was required to determine the meaning of "a television broadcast" for the purposes of copyright protection under the *Copyright Act 1968* (Cth) and whether copyright subsisted in each visual image and accompanying sound as a separate broadcast. A further issue was whether the copying of a "substantial part" of a television broadcast constituted infringement. The Court also considered the relevance of legislative history and the context of similar United Kingdom legislation.

The High Court allowed the appeal, setting aside the orders of the Full Court of the Federal Court. The Court noted a division of opinion among the judges regarding the extent of copyright protection in television broadcasts under the Act as it stood before the 2000 amendments. The matter was remitted to the Full Court of the Federal Court to determine the remaining issues in the appeal, including those relating to substantiality and to make appropriate orders, including those for costs.