Peter Harburg v Paramount Pictures Corporation

In the Federal Court of Australia, Justice Deirdre O'Brien considered a dispute between Peter Harburg and Paramount Pictures Corporation. Mr Harburg alleged that Paramount Pictures Corporation had infringed his copyright in a screenplay titled "The Last Resort" by producing and distributing the film "Mission: Impossible – Rogue Nation". Mr Harburg claimed that the film incorporated substantial parts of his screenplay without authorisation.

The central legal issue before the court was whether Paramount Pictures Corporation had infringed Mr Harburg's copyright in "The Last Resort". This required the court to determine whether there was sufficient similarity between the two works, and if so, whether that similarity constituted the taking of a "substantial part" of Mr Harburg's screenplay. The court also had to consider whether Paramount Pictures Corporation had a valid defence, such as independent creation.

Justice O'Brien's reasoning focused on a detailed comparison of the plot, characters, and themes of both works. Her Honour applied the established legal principles for copyright infringement, which require proof of access to the original work and a substantial degree of similarity between the two works. The court found that while there were some superficial similarities, the core elements of the plot, character development, and thematic concerns of "Mission: Impossible – Rogue Nation" were distinct from those of "The Last Resort". Her Honour concluded that the alleged similarities did not amount to the taking of a substantial part of Mr Harburg's screenplay, and therefore, no copyright infringement had occurred.