Case: Panel case: Full Court decision on “substantial part”

This case involves the use by Channel Ten, on its program ‘The Panel’, of excerpts from 20 Channel Nine programs. The case concerned the meaning of “television broadcast” in the Copyright Act, whether Channel Ten had used a substantial part of any of the broadcasts, and whether Channel Ten’s use of any of the broadcasts was a fair dealing.

On appeal from a decision by Conti J, the Full Court of the Federal Court found that Channel Ten’s use of 9 of the 20 broadcasts was fair dealing. Channel Ten appealed to the High Court against the Full Court’s view of the meaning of ‘television broadcast’ in relation to the remaining 11 broadcasts. The High Court held that the broadcast of each television program is a separate television broadcast. It left open the possibility that the broadcast of a segment of a program may be a separate broadcast.  

The case was remitted to the Full Court of the Federal Court to determine whether, given the High Court’s finding on the meaning of “television broadcast”, Channel Ten had used a substantial part of any of the 11 remaining broadcasts. The Full Court delivered its decision on this issue yesterday (26 May 2005).

The Full Court unanimously held that Channel Ten had used a substantial part of 3 of the broadcasts. A majority held that Channel Ten had also used a substantial part of 3 further broadcasts.

TCN Channel Nine Pty Limited v Network Ten Pty Limited (No 2) [2005] FCAFC 53 (26 May 2005)

Click here for the decision.