TCN Channel Nine v Network Ten

In the Federal Court of Australia, TCN Channel Nine brought an action against Network Ten, alleging infringement of copyright in television broadcasts through the creation of cinematograph films. The dispute centred on whether Network Ten's actions constituted a breach of copyright under section 87(a) of the Copyright Act 1968 (Cth). The Court was required to determine the scope of protection afforded to television broadcasts under the Act and whether the making of cinematograph films constituted an infringement of that copyright.

The primary legal issue was whether the making of cinematograph films from television broadcasts constituted an infringement of copyright under the Act. The Court examined the provisions of section 87(a), which grants exclusive rights to the owner of copyright in a broadcast to make a cinematograph film of the broadcast. The Court considered whether the act of making such films without the consent of the copyright owner constituted a breach of this exclusive right. The Court also had to address whether there were any exceptions or limitations to this right that might apply in the circumstances of this case.

The Court found that the making of cinematograph films from television broadcasts did not constitute an infringement of copyright under section 87(a) of the Act. The Court held that the provision was concerned with the communication of the broadcast to the public, and not the subsequent recording or reproduction of the broadcast. Therefore, the act of making films from broadcasts did not infringe upon the copyright owner's exclusive right. Consequently, the Court dismissed the cause of action for breach of copyright. The Court further directed the parties to make submissions regarding the costs of the proceedings.