Under s 115 of the Copyright Act 1968 (Cth), RP Data was sued for allegedly infringing copyright subsisting in photographs and floor plans of various properties. The works were commissioned by real estate agents for the purpose of marketing the properties for sale or lease on platforms including www.realestate.com.au and RP Data Professional.
The issue was whether the implied licence between the photographer and the commissioning real estate agencies included a right to sub-licence the use of the works on platforms including www.realestate.com.au and RP Data Professional. The Federal Court held the applicants failed to prove that RP Data infringed copyright subsisting in the works.
Anthony Messina (led by Mark Martin QC) appeared for RP Data.
The judgment is available here.
