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ARTICLE · 06 JULY 2007

Intellectual Property Update - Crown Copyright News

DLA Piper Australia
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The Full Court of the Federal Court recently handed down a decision on the ‘Crown copyright’ provisions in Part VII of the Copyright Act 1968 (Cth).

AustraliaIntellectual Property
Anthony Willis
Anthony Willis
Sean King
Sean King
Sharon Rowe
Sharon Rowe

The Full Court of the Federal Court recently handed down a decision which confirms that the ‘Crown copyright’ provisions in Part VII of the Copyright Act 1968 (Cth) (Copyright Act) which operate to vest ownership of copyright in the Commonwealth or a State:

  • Will not be construed broadly by the Court; and
  • Should only be relied upon by the Commonwealth and the States as a last resort.

Crown copyright

In the absence of an agreement containing provisions to the contrary, the Crown copyright provisions in the Copyright Act operate (among other things) to vest ownership of copyright in a work in the Commonwealth or a State if the work was:

  • Made under the direction or control of the Commonwealth or State (section 176); or

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