WorldAudio v GB Radio

WorldAudio, the plaintiff, brought an action against GB Radio, the defendant, in the Federal Court of Australia. WorldAudio alleged that GB Radio had infringed its copyright by broadcasting certain songs without permission. The plaintiff sought a declaration of copyright ownership, an injunction against further broadcasts, and damages for the unauthorised use of its intellectual property. The defendant denied the allegations and argued that the broadcasts were covered by the "fair dealing" exception under Australian copyright law.

The central legal issue before the court was whether GB Radio's broadcasts of the songs constituted an infringement of WorldAudio's copyright. The court had to determine whether the "fair dealing" exception applied to the broadcasts in question and, if not, whether WorldAudio's copyright had been infringed. The court also needed to consider the appropriate remedy to provide WorldAudio with relief if its copyright had been infringed.

In its judgment, the court found that GB Radio's broadcasts did indeed infringe WorldAudio's copyright as the "fair dealing" exception did not apply. The court noted that the broadcasts were not for the purposes of research or study, criticism or review, or news reporting, as required by the exception. The court ordered GB Radio to pay WorldAudio damages and to cease any further unauthorised broadcasts. The court also directed that the order for injunctive relief should include a provision that GB Radio take reasonable steps to ensure compliance with the order, including the appointment of a compliance officer.