Emi Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd
| Jurisdiction | Australia Federal only |
| Neutral Citation | 2011-0309 FCA A,2011-0331 FCA B |
| Date | 2010 |
| Year | 2010 |
| Court | Federal Court |
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6 cases
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Henley Arch Pty Ltd v Henley Constructions Pty Ltd
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Universal Music Publishing Pty Ltd v Palmer (No 2)
...Elwood Clothing Pty Ltd v Cotton On Clothing Pty Ltd (2008) 172 FCR 580 EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd (2011) 191 FCR 444 Facton Ltd v Fifai Fashions Pty Ltd (2012) 199 FCR 569 Flags 2000 Pty Ltd v Smith [2003] FCA 1067; 59 IPR 191 Force India Formula One Te......
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Boomerang Investments Pty Ltd v Padgett (Liability)
...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 Metcash Trading ......
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Eight Mile Style v New Zealand National Party
...summary can also be found in Emmett J’s decision in EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 47, (2011) 191 FCR 444 at [45]–[57]; and Francis Day & Hunter Ltd v Bron [1963] Ch 587 (CA) at 609–610. Many of the United States’ authorities are not included he......
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3 firm's commentaries
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No copyright protection for telephone companies - Telstra v Phone Directories Company
...Also on 4 February 2010, the Federal Court pronounced its judgment in Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2010] FCA 29, where the Court held that pop group Men At Work's hit 'Down Under' infringed copyright in 'Kookaburra sits in the old 2 IceTV Pty Limited ......
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Sound-alikes: How Close To The Sun Can You Fly Following The Kookaburra Case?
...straightforward, the answer following the Federal Court's decision of Larrikin Music Publishing Pty Ltd v EMI Songs Publishing Pty Ltd [2010] FCA 29 ("Kookaburra Case") is not. Consider, for instance, the famous opening song of Star Wars. The first two bars are easily one of the most recogn......
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Music copyright infringement: Twisted Sister says - We-re Not Gonna Take It
...similar to the 1934 song Kookaburra sits in the old gum tree. (See Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2010] FCA 29.) Severe consequences for music copyright There are hefty penalties for copyright infringement. They range from injunctions, damages and costs......
2 books & journal articles
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Management and Enforcement
..., above note 66; Larrikin Music Publishing Pty Ltd. v. EMI Songs Australia Pty Ltd. , [2009] FCA 799 at [153]–[55], later proceedings [2010] FCA 29 (Austl. Fed. Ct.) [ Larrikin ]; Van Ellinckhuijzen v. Botha , [2002] NASC 11 (Namibia S.C.) (claiming, unusually and unsuccessfully, that a sal......
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The vanishing author in computer-generated works: a critical analysis of recent Australian case law.
...musical works, artistic works and pt IV subject matter films, broadcasts and recordings. (167) Ibid 471 [25] (emphasis added). (168) (2011) 191 FCR 444, 457 [56] (Emmett (169) Australian Law Reform Commission, Copyright and the Digital Economy, Issues Paper No 42 (2012) 3. (170) One need on......