Bristol And West Building Society

Please note that articulates the copyright is based

entirely on a hypothetical case study.


Author: Kingsley OkaforIgwe

Intellectual property - copyright infringement, possible -

if the script has been reproduced Copyright Act 1968 (Cth)

Duty of confidence -

if the information received was forwarded in confidence

Breach of contract -

in case of copyright infringement if it constitutes a breach of contract.

You asked that I find if you are liable to prosecution for any breach of contract you have with Wolf network.

You informed me that you met a writer, Harrison Cruise on a number of occasions in 2007, and discussed an idea he had for a TV series, provincial entitled "Melbourne law." You liked the general ideas he has proposed, but did not enter into a contract with him.

A broadcasting company called Wolf network that has been developing a new show based on the lives of lawyers and police in New South Wales subsequently invited you to join them, the invitation you accepted . By joining the network, you suggested that the show is titled "Sydney to the law. A number of scenarios and details suggested that Cruise has finally been incorporated in the Sydney to law ", but was adapted to the context of New South Wales.

You signed a contract with Network Wolf, who said that all copyright in the work developed under the contract will be awarded to Wolf network, and agreed that any material you have made, or developed for the network is free of any obligation or liability to any other party.

You are now concerned that Wolf Network can sue you for any breach of contract. You have requested my opinion on what, if any, legal liability, you may owe Wolf network.

The answers to your concerns that you have no legal obligation to Wolf network. The reasons are as follows:

Copyright:

Pursuant to s. 32 (1) (a) of the Act on Copyright 1968 (Cth), copyright in the work you have produced for the network wolf. Although copyright may also exist in the work of Tom Cruise, he could not pretend that your creation has been a reproduction of his work. Although similarities may exist in terms of idea or theme, there is no copyright on an idea or a central concept, so any possible claim of infringement of copyright based on the idea or concept of a cruise can not sustain a thorough examination the court should choose to pursue a case of copyright infringement for the following reasons:

1. When you approached the cruise, his script was not finished and the provincial title at the Melbourne-law had not been produced or broadcast by a television network, or any producer

2. Characteristics, that is the location, characters (and so on) depicted in Sydney with the law, were not similar to the expression made by Cruise

3. Destined to be entitled to the Melbourne Law

4. There is enough similarity between the structure and events portrayed in Sydney law would support any allegation that there was a substantial reproduction of expression Cruise in Melbourne in the right

5. Although you recommended that the program is called Sydney law, Wolf network had begun the process of producing the program have been consulted before

6. Despite similar themes and titles are substantial differences between Cruise 20 Treatment summary page and Wolf Network television series close to final.

2 In Zeccola v Universal Studios Inc. (1982) 67 FLR 225, 228, see also Peters v Coulter (1995) 33 IPR 50; products Telmak Pty Ltd / In Bond.