Kookaburra and iiNet copyright decisions to be appealed
Two recent Federal Court decisions on copyright law, which were both handed down on 4 February 2010, will be appealed to the Full Federal Court.
EMI Songs Australia Pty Ltd has lodged an appeal against Justice Jacobson’s decision that a flute riff in the song “Down Under” made famous by Australian band Men At Work, infringed copyright in the children’s song “Kookaburra Sits in the Old Gum Tree”.
Thirty-four film and music studio companies have also appealed against the ruling of Justice Cowdroy that internet service provider iiNet did not authorise copyright infringement by its users. The Court found that iiNet was aware that some of its users were downloading pirated films and music using the BitTorrent protocol, but its failure to take action to terminate those users’ accounts did not constitute authorisation of copyright infringement.