Robinson v Sands & McDougall Pty Ltd

In this case, the plaintiff, Herbert Edward Cooper Robinson, a mapmaker from Sydney, sued the defendant, Sands & McDougall Proprietary Ltd., a Melbourne-based publisher, for infringing his copyright in a map. Robinson sought an injunction, delivery up of infringing copies, an inquiry as to damages, and an account of profits. The defendant denied infringement and claimed they were unaware of the copyright's existence at the time of publication. The action was heard in the High Court of Australia before Barton J.

The court was required to determine two primary legal issues. Firstly, whether the plaintiff's map constituted an "original literary work" as defined by the Copyright Act 1911 (and adopted by the Commonwealth Copyright Act 1912), thereby entitling it to copyright protection. Secondly, the court had to consider the defendant's defence of lack of knowledge of copyright subsisting in the work, as provided for under section 8 of the Act, and whether this defence absolved them from liability for damages and an account of profits.

Barton J. held that the word "original" in the Copyright Act 1911 meant "not copied" or "not imitated." He reasoned that a map produced by a cartographer applying their faculties to the best available sources, and which presents points of difference from previous maps, is an original literary work and thus entitled to copyright. The court found that the defendant's maps were largely copied from the plaintiff's map, constituting wholesale piracy. Regarding the defence of lack of knowledge, the court found that the presence of the plaintiff's name on the map, purporting to be the author, provided prima facie evidence of authorship and ownership under section 6(3)(a) of the Act. The defendant's manager admitted seeing the plaintiff's name and that the map was not a copy, yet proceeded with publication. Consequently, the court found that the defendant had failed to prove they were not aware and had no reasonable ground for suspecting copyright subsisted in the work.

The court found in favour of the plaintiff, granting an injunction, ordering the delivery up of all infringing copies of the maps, and an account of profits. The plaintiff was awarded costs.