University of New South Wales v Moorhouse

The University of New South Wales (UNSW) appealed to the High Court of Australia against a judgment of the Supreme Court of New South Wales in favour of Mr. Moorhouse. The dispute concerned the alleged infringement of copyright in a literary work, specifically a book authored by Mr. Moorhouse, by UNSW.

The High Court was required to determine whether UNSW had infringed Mr. Moorhouse's copyright by authorising the reproduction of his work. This involved considering the scope of the term "authorise" in copyright law and the extent of the control or supervision required for authorisation to be established. A further issue was whether the acts of reproduction, if any, were done with the authority of UNSW, and if so, whether that authority was granted in circumstances that constituted infringement.

The Court analysed the meaning of "authorise" in the context of copyright infringement, drawing on established principles. It was held that authorisation requires more than merely providing the means or opportunity for infringement; it necessitates some degree of control or supervision over the infringing act. The Court found that UNSW had not authorised the reproduction of Mr. Moorhouse's work, as the evidence did not demonstrate that UNSW had exercised sufficient control or supervision over the actions of the individuals who made the copies. The mere fact that UNSW provided facilities that could be used for infringing purposes was insufficient to establish authorisation.

The appeal was allowed, and the judgment of the Supreme Court of New South Wales was set aside.