Recent case: Seven Network v TCN Channel Nine

The Federal Court has handed down its decision in a case concerning ownership of copyright in film footage made by DARE (a non-profit-organisation assisting disadvantaged youth), with some assistance from, and originally broadcast on, Channel Seven. The footage was subsequently incorporated into a program broadcast by Channel Nine.

The court held that the making of the film was a joint venture between Channel Seven and DARE, and that, as Channel Seven had played a part in making the arrangements necessary for making of the film, Channel Seven was a co-owner of copyright in the footage. The terms of the joint venture included an obligation by Channel Seven to hand over tapes of the program broadcast on Channel Seven (which would otherwise have been destroyed), but did not restrict the uses DARE could make of the footage.

As a result, the claim of infringement was dismissed.

The decision has now been appealed.

Seven Network Ltd v TCN Channel Nine Pty Ltd [2005] FCA 476 (21 April 2005)

Click here for the decision.