Burge v Swarbrick

Copyright – Artistic works - Works of artistic craftsmanship - The respondent obtained an injunction against infringement by the appellants of the respondent's ownership of copyright in works constituted by a "plug" from which a mould for a yacht hull could be derived, and in the hull and deck mouldings of that yacht - Whether works protected by copyright or should have been protected, if at all, under the designs registration law.

Copyright – Artistic works - Works of artistic craftsmanship - Whether "work of artistic craftsmanship" is a composite phrase to be construed as a whole - Relevance of aesthetic appeal to the existence of a work of artistic craftsmanship - Relevance of machine production to the existence of a work of artistic craftsmanship - Relevance of functional or utilitarian constraints to the existence of a work of artistic craftsmanship - Whether the "plug" and mouldings constituted works of artistic craftsmanship.

Copyright – Anti-overlap provisions - Interaction between the statutory protection of copyright and designs - Absence of registered "corresponding design" - Exclusion of copyright protection in the three-dimensional reproduction of artistic works, other than works of artistic craftsmanship, where the "corresponding design" has been "applied industrially" - Whether the "plug" and mouldings were protected by copyright.

Intellectual property – Anti-overlap provisions - Interaction between statutory protection of copyright and designs - Position of works of artistic craftsmanship in the statutory scheme - Meaning of "corresponding design".

Words and phrases – "applied industrially", "artistic work", "corresponding design", "work of artistic craftsmanship".

Copyright Act 1911 (Imp) – ss 4, 22(1).

Copyright Act 1912 (Cth) – ss 4, 8.

Copyright Act 1968 (Cth) – ss 10, 21(3), 31(1)(b)(i), 36(1), 74, 77.

Copyright Amendment Act 1989 (Cth).

Copyright Regulations 1969 (Cth). Designs Act 1906 (Cth).

Designs Act 2003 (Cth).