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ARTICLE · 18 SEPTEMBER 2008

High Court Case Considers Special Copyright Rules That Apply To The Crown

DLA Piper Australia
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The decisions of the High Court and Full Federal Court in the case of Copyright Agency Limited v State of NSW confirm that it is not always safe to rely on the special copyright rules that apply to the Crown.

AustraliaIntellectual Property
Anthony Willis
Anthony Willis

The decisions of the High Court and Full Federal Court in the case of Copyright Agency Limited v State of NSW confirm that it is not always safe to rely on the special copyright rules that apply to the Crown.

Special copyright rules that apply to the Crown

The Copyright Act 1968 (Cth) includes two special copyright rules that apply to the Crown (including the Commonwealth and the States). The provisions relate to:

  • Crown ownership of copyright.
  • Crown use of material in which copyright exists.

Sections 176 and 177 of the Copyright Act have the effect that, unless there is a written agreement to the contrary, the Crown is the owner of copyright in a work or subject matter other than work that is made or first published under the 'direction or control' of the Crown.

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