Sony Entertainment (Australia) Ltd v Smith [2004] FCA 1315
SONY ENTERTAINMENT (AUSTRALIA) LIMITED & ORS v CHRISTOPHER FRASER SMITH & ORS
N 944 of 2002
JACOBSON J 14 OCTOBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 944 of 2002
BETWEEN:
SONY ENTERTAINMENT (AUSTRALIA) LIMITED (ACN 000 033 581) FIRST APPLICANT
UNIVERSAL MUSIC AUSTRALIA PTY LTD (ACN 000 158 592) SECOND APPLICANT
CENTRAL STATION RECORDS & TAPES PTY LTD (ACN 005 707 997) THIRD APPLICANT
and the applicants listed in the attached schedule
AND:
CHRISTOPHER FRASER SMITH also known as CHRIS KROSS also known as KRIS KROSS FIRST RESPONDENT
TOWER RECORDS PTY LTD (ACN 084 046 784) T/A SLAMM DISTRIBUTION SECOND RESPONDENT
PETER FERRIS also known as PEEWEEFERRIS FIFTH RESPONDENT
JUDGE:
JACOBSON J
DATE OF ORDER:
14 OCTOBER 2004
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.Orders be made against Mr Smith and Tower Records in terms of the short minutes annexed and marked “A”.
2.Orders be made against Mr Ferris in terms of the short minutes annexed and marked “B”.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 944of 2002
BETWEEN:
SONY ENTERTAINMENT (AUSTRALIA) LIMITED (ACN 000 033 581) FIRST APPLICANT
UNIVERSAL MUSIC AUSTRALIA PTY LTD (ACN 000 158 592) SECOND APPLICANT
CENTRAL STATION RECORDS & TAPES PTY LTD (ACN 005 707 997) THIRD APPLICANT
and the applicants listed in the attached schedule
AND:
CHRISTOPHER FRASER SMITH also known as CHRIS KROSS also known as KRIS KROSS FIRST RESPONDENT
TOWER RECORDS PTY LTD (ACN 084 046 784) T/A SLAMM DISTRIBUTION SECOND RESPONDENT
PETER FERRIS also known as PEEWEEFERRIS FIFTH RESPONDENT
JUDGE:
JACOBSON J
DATE:
14 OCTOBER 2004
PLACE:
SYDNEY
REASONS FOR JUDGMENT
Introduction
This is a claim for copyright infringement in 17 sound recordings (“the tracks”). The applicants claim that infringing copies of the tracks are contained on 8 compact discs (“the CD’s”) which were manufactured and sold or authorized to be manufactured and sold by the first, second and fifth respondents.
The applicants are 18 recording companies that have been shown on the evidence to control the copyright in the tracks, either as owner or as exclusive licencee.
The first respondent (“Mr Smith”) is a Director and Secretary of the second respondent (“Tower Records”). Mr Smith is a well known disc jockey in the club and dance music field. He uses his own name and, from time to time, the stage names Chris Kross and Kriss Kross.
Tower Records is an Australian recording company which manufactures, sells and distributes compact discs, in particular, for young people who follow the club and dance music “scene”.
Tower Records trades under the registered business name “Slamm Distribution”. It describes “Downunderground” as a division of its operations. Mr Smith is the sole Director and shareholder of Downunderground Pty Ltd.
The fifth respondent (“Mr Ferris”) is a disc jockey, sound engineer,…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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AGLC
Sony Entertainment (Australia) Ltd v Smith [2004] FCA 1315
Case
[2004] FCA 1315
Decision Date
CaseChat Overview and Summary
In Sony Entertainment (Australia) Ltd v Smith, the plaintiff, Sony Entertainment (Australia) Ltd, sought to enforce copyright protection against the defendants, Mr Smith and Tower Records. The central dispute revolved around the unlawful reproduction and distribution of copyrighted music. The case was heard in the Federal Court of Australia.
The primary legal issues that the court needed to address were the infringement of copyright by the defendants and the applicability of the defences raised by the defendants. The court was required to determine whether the defendants' actions constituted a breach of copyright and, if so, whether any defences could be successfully argued to negate the infringement.
The court, in its reasoning, found that the defendants had indeed engaged in the unauthorised reproduction and distribution of copyrighted material. It dismissed the defences put forward by the defendants, including the argument that the distribution was for private use. The court emphasised the importance of copyright protection in fostering creativity and ensuring that creators and rights holders are appropriately compensated for their work. Consequently, the court ruled in favour of the plaintiff, finding the defendants liable for copyright infringement.
The court's orders mandated that Mr Smith and Tower Records comply with specific terms as outlined in the annexed short minutes. These orders were intended to ensure that the defendants ceased their infringing activities and took appropriate measures to rectify the infringement. The court also imposed financial penalties on the defendants to compensate Sony Entertainment (Australia) Ltd for the losses incurred due to the infringement.
Orders
Orders of the court
1. Orders be made against Mr Smith and Tower Records in terms of the short minutes annexed and marked “A”.