The Full Federal Court has dismissed an appeal by a director of a chain of stores concerning the supply by the stores of "broadcast decoding devices".

The Court upheld the trial judge's conclusion that the fact that Foxtel made its broadcasts available without charge to certain "complimentary account holders" and to a number of unidentified charitable organizations and children’s hospitals did not deprive Foxtel's broadcasts of being "encoded" for the purposes of Part VAA of the Copyright Act.

Haddad v Foxtel Management Pty Ltd [2008] FCAFC 11 (22 February 2008)

See also lower court decision: Foxtel Management Pty Limited v The Mod Shop Pty Limited [2007] FCA 463 (28 March 2007)

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Another project home builder has been found liable for infringing copyright by reproducing the “al fresco quadrant” from plans developed by Barrett Property Group Pty Ltd.

Barrett Property Group Pty Ltd v Carlisle Homes Pty Ltd [2008] FCA 375 (20 March 2008)

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APRA has obtained a judgment against the operators and company directors responsible for two public venues that played music without licences.

The Federal Magistrates Court ordered injunctions, damages, additional damages (including for flagrant conduct) and costs. However, the orders were stayed to allow both the companies’ liquidators and the individuals concerned to respond.

APRA v Cougars Tavern & Ors [2008] FMCA 369 (28 March 2008)

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