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Green v Broadcasting Corporation of New Zealand; 22 Sep 1988

References: [1988] NZCA 180, CA40/84, [1988] 2 NZLR 490, (1988) 2 TCLR 701
Links: Nzlii
Coram: Somers, Casey, Gallen JJ
Ratio: (Court of Appeal of New Zealand) The plaintiff had created a hugely sucessful TV programme in the UK, called Opportunity Knocks. He now appealed against rejection of his claim in copyright alleging that the defendant had copied the format, and also in passing off.
Held: Courts have a discretion whether or not to order a new trial where fresh evidence is sought to be introduced and, in exercise of that discretion, they should apply the tests in Ladd v Marshall
Ongley J considered the claim to copyright in the words ‘Opportunity Knocks’ and held that copyright did not subsist in the title. His Honour noted that it is a difficult but not an impossible task to establish copyright in a title. He referred to the Privy Council decision in Francis
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Last Update: 29-Jul-16
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