(Court of Appeal of New South Wales) The court considered the knowledge to be established for copyright infringement saying, ‘the knowledge which has to be proved is actual but not constructive’.
[1978] FSR 576
Australia
Cited by:
Cited – Hoover plc v George Hulme (Stockport) Ltd 1982
Section 5(3) of the 1956 Act provided that ‘Copyright in a . . work is infringed by any person who . . (a) sells, lets for hire, or by way of trade offers or exposes for sale or hire any article . . if to his knowledge the making of that article . .
Cited – Twentieth Century Fox Film Corp and Others v British Telecommunications Plc ChD 28-Jul-2011
20c_btChD2011
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
Cited – Sillitoe v McGraw-Hill Book Co 1983
The defendants had imported and distributed a series of ‘study notes’ for students which the plaintiffs alleged infringed the copyrights in the works under discussion.
Held: The defendants had been ‘fixed with knowledge’ 14 days after letters . .
These lists may be incomplete.
Updated: 16 July 2021; Ref: scu.442536
