Roadshow Films Pty Limited v Telstra Corporation Limited

Case

[2019] FCA 885

12 June 2019


Details
AGLC Case Decision Date
Roadshow Films Pty Limited v Telstra Corporation Limited [2019] FCA 885 [2019] FCA 885 12 June 2019

CaseChat Overview and Summary

Roadshow Films Pty Limited and others sought orders for the blocking of websites that infringed their copyright, under section 115A of the Copyright Act 1968 (Cth). The respondents were internet service providers including Telstra Corporation Limited. The applicants sought to block access to various websites that allegedly infringed their copyright by facilitating the piracy of films. The legal issues before the court included whether the statutory requirements for making the orders were satisfied, and whether the court should make the orders sought by the applicants.
The court held that the requirements of section 115A were satisfied. The court found that the applicants had made out a prima facie case that the target websites infringed their copyright. The court also held that the notice requirement could be dispensed with as the respondents were already aware of the proceedings. The court further held that the proposed blocking orders were reasonable and proportionate to the purpose of preventing copyright infringement. The court made orders requiring the respondents to block access to the target websites within 15 business days, and for the applicants to establish webpages to inform users of the blocked websites. The orders could be extended for a further three years if the applicants demonstrated the websites continued to infringe copyright.

In summary, the court found the applicants had satisfied the legal requirements for making the sought blocking orders. The orders were reasonable and proportionate to prevent the alleged copyright infringement. The applicants were granted the injunctive relief they sought to block access to the target websites that were facilitating piracy of their films. The orders also required the respondents to redirect users to webpages informing them of the court's determination that the websites infringed copyright.
Details

Areas of Law

  • Intellectual Property Law

Legal Concepts

  • Copyright Act 1968 (Cth)

  • Infringement of Copyright

  • Site Blocking Orders

  • Remedial Measures