Yo-Merry Todd v Turner Entertainment Company

In the matter of *Yo-Merry Todd v Turner Entertainment Company*, heard before Don Nancarrow, the dispute concerned the alleged infringement of copyright in a musical composition. The plaintiff, Yo-Merry Todd, claimed that the defendant, Turner Entertainment Company, had infringed their copyright by using the musical composition in a film without authorisation.

The central legal issue before the court was whether the musical composition in question was original and therefore eligible for copyright protection under Australian law. The court was required to determine if the plaintiff had established ownership of a valid copyright in the composition and, if so, whether the defendant's use constituted an infringement of that copyright.

The court's reasoning focused on the requirement of originality for copyright subsistence. It was held that a work is original if it originates from the author and is not copied from another source. The court examined the evidence presented by the plaintiff regarding the creation of the musical composition, considering factors such as the skill, labour, and judgment exercised by the composer. Ultimately, the court found that the plaintiff had failed to demonstrate that the musical composition met the threshold of originality required for copyright protection.

Consequently, the court found that no copyright subsisted in the musical composition and therefore no infringement could have occurred. The proceeding was dismissed.