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ARTICLE · 01 APRIL 2004

Questions Remain After Panel Decision

Clayton Utz
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Although the decision in The Panel case might be good news for Australian satirists, it fails to fulfil its promise of giving guidance on how much of each other's footage broadcasters can use without infringing copyright in the broadcast.

AustraliaIntellectual Property
Mary Still
Mary Still
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Although the decision in The Panel case might be good news for Australian satirists, it fails to fulfil its promise of giving guidance on how much of each other's footage broadcasters can use without infringing copyright in the broadcast.

Making the Panel

As part of making "The Panel", Network Ten recorded Nine's off-air or satellite signal onto videotape. The segments used by "The Panel" were copied from this videotape onto a second one for eventual broadcast by Network Ten.

Network Ten argued that, as it was not taking the whole or a substantial part of the original Nine programs, there was no infringement of the copyright in a television broadcast (the key rights in this case being Nine's right to make a cinematograph film of the broadcast and its right to rebroadcast its own broadcasts).

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