Important High Court Case on Copyright as property


Important High Court Case on Copyright as property

I have not seen mention of this elsewhere, but there is a case currently being considered by the High Court where it is argued that copyright is a property right, the point being that any acquisition of that property should be done only with just compensation (Phonographic Performance Company of Australia Limited & Ors v. Commonwealth of Australia & Ors).  The argument that the cap introduced by the law on the licence fees payable for exercising a broadcasting right were unconstitutional.

No one is suggesting that the removal of the broadcast right from citizens in the original act (and its vesting in copyright holders) was itself an unconstitutional acquisition of property.

The tape manufacturers case indicates that defining as non-infringing acts which were previously infringing will not be an unconstitutional acquisition of property.

Details are available from the High Court’s website.

Update: they were downed.

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