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Article
The Panel Case High Court decision: free-to-air or free on the air?
European Intellectual Property Review (2004)
  • Megumi Ogawa
Abstract

In March 2004, the High Court of Australia handed down its decision in the so-called Panel Case. At this time, the long standing issue of the definition of a television broadcast in Australia was finally resolved. The Panel Case is the first and only case in this county dealing directly with infringement by a free-to-air television broadcaster of copyright in broadcasts. The case was first brought in the Federal Court of Australia in February 2000 before the Copyright Act 1968 (Cth) was amended by the Copyright Amendment (Digital Agenda) Act 2000 (Cth) ('Digital Agenda Act') in March 2001. It was decided under the earlier provisions of the Copyright Act 1968 (Cth) but the relevant part of the provisions at issue was not altered by the Digital Agenda Act. Accordingly, the Panel remains the leading case on this issue.

Keywords
  • copyright,
  • broadcasting,
  • Australia
Disciplines
Publication Date
January 1, 2004
Citation Information
Ogawa, M 2004, 'The Panel Case High Court decision: free-to-air or free on the air?', European Intellectual Property Review, vol. 26, pp. 517-520.