Intellectual property – Copyright - Crown use - Statutory licence scheme - Where survey plan lodged for registration at Lands and Property Information Division of Department of Lands (NSW) - Surveyor owned copyright in survey plan - Once registered, survey plan reproduced and communicated to the public for the services of the State of New South Wales - Whether statutory licence scheme in Copyright Act 1968 (Cth), Pt VII, Div 2 applied to authorise State to reproduce survey plan and communicate it to the public, and provided for terms upon which those acts could be done - Whether surveyor taken to have impliedly licensed reproduction and communication to the public of survey plan apart from statutory licence scheme - Comparison with provision for Crown use in foreign jurisdictions.
Words and phrases – "Crown use", "equitable remuneration", "for the services of the State", "implied licence".
Copyright Act 1968 (Cth) – Pt VII, Div 2.
Judgment date
Case number
S595/2007
Before
Gleeson CJ, Gummow, Heydon, Crennan, Kiefel JJ
Catchwords