Case: Seven Network v TCN Channel Nine

The Full Federal Court has handed down its appeal decision in a decision which focuses on how the arrangements between Channel Seven and a Mr Murray in relation to film footage of a trip down the Kokoda Trail by a group of disadvantaged schoolboys should be characterised. Mr Murray had approached Channel Seven for help in filming the trip. Among other things, Channel Seven provided the funds for a freelance cameraman and a freelance sound recordist to accompany the group, and paid for various pieces of equipment, such as cameras, batteries and tapes. Mr Murray later authorised a production company to make a television documentary which incorporated material created by the freelance cameraman and sound recordist. The documentary was to be screened by Channel Nine.

The primary judge’s finding that both Channel Seven and Mr Murray were “makers” of the footage, and therefore co-owners of the copyright in the visual images and sound track was not disturbed. However, the Full Federal Court did uphold Channel Seven’s appeal on the basis that Channel Seven had not assigned its share of the copyright to Mr Murray, and had not granted Mr Murray a licence which would extend to authorising the broadcast of the film by Channel Nine. Mrr Murray was therefore not in a position to authorise the broadcast. Channel Seven was consequently entitled to an injunction.

Click here for the decision.