“You Can Read About Us Not Copy From Us”-Copyright Infringement Dispute

In a recent decision, the Federal Court of Australia discussed an issue pertaining to the grant of relief for the infringement of copyright and breach of the Trade Practices Act 1974 (Cth)

In Dynamic Supplies Pty Limited v Tonnex International Pty Limited (No 2)¹, Justice Yates passed a decision on the Dynamic’s claim of Copyright infringement and misleading and deceptive content.While deciding the above Justice Yates rejected the subsequent application for statutory injunction and corrective advertising submitted by Dynamic.

Facts:

Dynamic and Tonnex were printer cartridge resellers.

One of the employees of Dynamic used the available product data base to compile a user friendly compatibility chart. The chart was designed for the use by the potential customers and was available on the Dynamic’s website. .

Dynamic claimed that Tonnex committed Copyright infringement by copying the contents of Dynamic’s compatibility chart.

Further, Dynamic sought the following reliefs:

1. Declaratory relief for the Copyright infringed;
2. Statutory injunction against Tonnex;
3. Publication of a corrective advertisement by Tonnex.

Key points:

1. Dynamic’s compatibility chart was copyright protected;
2. Tonnex had reproduced a substantial part of the chart.

Decision:

Justice Yates opined that:

1. The compatibility chart developed by Dynamic’s employee comes under the category of original literary work, thus, was copyright protected;
2. Looking at the Tonnex’s chart it is clear that Tonnex had copied substantial parts of Dynamic’s chart;
3. Information regarding the authenticity of products and the tax benefits associated with Tonnex’s products are clearly misleading or deceiving;

Further, Justice Yates was of the opinion that the undertaking offered by Tonnex’s solicitor makes the need for a statutory injunction pointless. Also, application for corrective advertising cannot be passed as the provision was inapplicable in the present situation.

Lesson:

This case highlighted the importance of various duties and rights stated in the Australian Consumer Law. Most importantly, this case highlights a right entrusted to an author with regards to a compilation available in the internet for public access.