Emi Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd
| Jurisdiction | Australia Federal only |
| Neutral Citation | [2011] FCAFC 47,2011-0309 FCA A,[2011] FCAFC 30 |
| Year | 2011 |
| Date | 2011 |
| Court | Full Federal Court (Australia) |
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4 cases
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National Australia Bank Limited v Nautilus Insurance Pte Ltd (No 2)
...v Muller [1983] HCA 12; 152 CLR 570 Forster v Jododex Australia Pty Ltd [1972] HCA 61; 127 CLR 421 FQM Australia Nickel Pty Ltd v Bullen [2011] FCAFC 30; 191 FCR 261 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125 Henderson v Henderson (1843) 3 Hare......
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R v Ruiz,
...copyright case even had a segment of music with a judgment: see EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2011] FCAFC 47 (case concerned litigation over a segment of the famous Australian tune “Down Under”.) [By comparison, in Fisher v Brooker &a......
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Boomerang Investments Pty Ltd v Padgett (Liability)
...28; 214 CLR 318 El-Ajou v Dollar Land Holdings Plc [1994] 2 All ER 685 EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 47; 191 FCR 444 Feltner v Columbia Pictures Television Inc 523 US 340 (1998) Francis Day & Hunter Ltd v Bron [1963] Ch 587 Franklins Pty Ltd v ......
- Optical 88 Ltd v Optical 88 Pty Ltd
5 firm's commentaries
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Dispelling the '10% change' myth of copyright infringement
...defined in the Copyright Act, however in the recent decisions of EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2011] FCAFC 47 (EMI Case) and Barrett Property Group Pty Ltd v Dennis Family Homes Pty Ltd [2011] FCA 246 (Barrett Case), the Court has confirmed that th......
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Flagrant Copyright Infringement: Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535 (24 April 2020)
...Love in Australia, Justice Perram reinforced the existing approach from EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 47 Identify the work in which copyright subsists. Identify the part of the allegedly infringing work which is said to have been reproduced fro......
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Men At Work's copyright appeal over Kookaburra doesn't work so well in Full Federal Court
...their appeal against a finding of copyright infringement (EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2011] FCAFC 47 Comparing the whole works to each other? At the heart of Men At Work's and EMI's appeal was a complaint over the way that the trial judge, Justic......
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'You Own It, You Better Never Let It Go': Eminem Wins Copyright Dispute Against The New Zealand National Party
...will be influential in Australia". Similar issues arose in Australia in EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 47, where it was held that Men at Work's famous song Down Under infringed the copyright in Kookaburra Sits on the Old Gum Tree, a classic Aust......
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1 books & journal articles
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Property rights to our bodies and their products
...whether or not Holdsworth is correct (and his arguments are 9EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2011] FCAFC 47 [31] -[33]. 10D 1.8.3; 41.2.1.1, Inst II.1.18. 11D 41.2.1.1. 12G II.1-5. 13W Holdsworth, History of English Law, Vol. VII, at pp. 501-3. 14 Re......