Hardingham v RP Data Pty Limited [2021] FCAFC 148 (18 August 2021) (Greenwood, Rares and Jackson JJ)


Catchwords:


COPYRIGHT – consideration of copyright subsisting in photographs and floorplans – consideration of the terms of an oral licence conferred by the copyright owner and exclusive licensee on real estate agencies to use the works for the purposes of securing a sale or lease of the particular property – consideration of the principles governing whether a term is to be implied, in fact, into the oral informal agreements between the rights owners and each agency and the content and scope of such a term – consideration of the principles governing whether a term is to be inferred into the oral informal agreements from all the circumstances as a matter of the actual intention of the parties

CONTRACTS – consideration of the terms of an oral licence conferred by the copyright owner and its exclusive licensee of photographs and floorplans, on real estate agencies to use the works for the purposes of securing a sale or lease of the particular property – consideration of the principles governing whether a term is to be implied, in fact, into the oral informal agreements between the rights owners and each agency and the content and scope of such a term – consideration of the principles governing whether a term is to be inferred into the oral informal agreements from all the circumstances, as a matter of the actual intention of the parties