The recent case of
Hardingham v RP Data Pty Ltd [2019] FCA 2075 provides
a good reminder of potential pitfalls for content creators who do
not have express copyright licence arrangements in place,
especially where the content is to be uploaded to third party
websites by the party transacting with the creator or its
sub-licensees.
Background
Hardingham involved a claim for copyright infringement
against the operator of online real estate analysis and information
provider Core Logic (RP Data Pty Ltd) (RP Data) by
a professional photographer, Mr Hardingham, and his company, Real
Estate Marketing Australia Pty Ltd (REMA).
REMA, of which Mr Hardingham was the sole director, carried on
the business of taking photographs, and creating floor plans, of
properties at the request of real estate agencies for the purpose
of those agencies advertising the properties for lease or sale.
