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ARTICLE · 16 JUNE 2015

Preliminary discovery as a precursor to potential copyright infringement proceedings

DibbsBarker
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This recent case highlights the difficulties in bringing breach of copyright claims in relation to software source code.

AustraliaIntellectual Property
Michael Sutton
Michael Sutton
Penelope Hobart (Formerly With DibbsBarker)
Penelope Hobart (Formerly With DibbsBarker)
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Focus: ObjectiVision Pty Ltd v Visionsearch Pty Ltd [2014] FCA 1087
Services: Intellectual property & technology
Industry Focus: Agribusiness, Energy & infrastructure, Financial services, Insurance, Life sciences & healthcare, Property

An Australian case heard late last year highlights the difficulty of bringing breach of copyright claims in relation to software source code, and the value of preliminary discovery in assisting copyright owners to make such claims.

Computer programs (including source code) qualify as literary works under the Copyright Act 1968 (Cth) (Copyright Act) and are capable of copyright protection. However, computer programs are not always easily accessible to third parties, making it difficult for copyright owners to determine whether they may have a case against a potential infringer.

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