TVBO Production Ltd v Australia Sky Net Pty Ltd

In the matter of TVBO Production Ltd versus Australia Sky Net Pty Ltd, the primary issue before the court was the infringement of copyright in the cinematograph films that constitute the drama series "Twin of Brothers." The court was asked to determine whether the fourth respondent had infringed the first applicant’s copyright by communicating the films to the public in Australia through the pay television service known as A-Sky-Net, and whether the second respondent had participated in a common design to infringe this copyright. Additionally, the court was required to consider whether the second respondent had authorised the fourth respondent's actions.

The court found that the fourth respondent had indeed infringed the copyright by communicating the films to the public without authorisation, and that the second respondent had participated in a common design to infringe this copyright. The court detailed the evidence and legal arguments supporting these findings, noting the absence of any licensing agreement between the parties and the direct evidence of the infringement activities. The court also emphasised the role of the second respondent in facilitating the infringement by authorising the fourth respondent's actions. Based on these findings, the court was prepared to make the orders sought by the applicants against the second and fourth respondents.

In its orders, the court declared that the fourth respondent had infringed the copyright in the Twin of Brothers films by communicating the films to the public without authorisation. It restrained the fourth respondent from further infringement activities and from participating in any common design to infringe the copyright. The court also restrained the second respondent from authorising the fourth respondent's activities and from otherwise infringing the copyright. Additionally, the court ordered the second and fourth respondents to pay the applicants' costs and directed the return of exhibits and further directions in the proceedings.