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ARTICLE · 12 FEBRUARY 2008

Futuretronics.com.au -v- Graphix: A Lesson In Contracting Reproduction Of Copyright Works

Maddocks
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It is wise business practice for a person contracting the creation of copyright works to obtain an assignment of the copyright in those works, or clearly scope the terms of their licensed use of those works.

AustraliaIntellectual Property
Jane Owen
Jane Owen

It is wise business practice for a person contracting the creation of copyright works to obtain an assignment of the copyright in those works, or clearly scope the terms of their licensed use of those works. However, what terms will govern the use of those copyright works when you commission a third party to print them?

In the recent Federal Court case of Futuretronics.com.au Pty Ltd –v– the Graphix Labels Pty Ltd & John Atta, the Court adjudicated a dispute between a printer and the copyright owner regarding the printer's later use of the printed copyright works without the owner's express permission, and where no express terms of use had been agreed at the time of engagement of the printer.

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