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Whose Footage Is It Anyway? Game Meats v Farm Transparency Heads for the High Court

When animal rights collide with copyright law, sparks fly — and sometimes, whole new branches of doctrine get tested.

That’s exactly what’s happening in The Game Meats Company of Australia Pty Ltd v Farm Transparency International Ltd, a dispute that has already produced one significant Federal Court decision, a reversal on appeal, and now an application for special leave to the High Court.

Let’s unpack how a covert camera operation at a Victorian abattoir has turned into one of the most intriguing copyright–equity battles in years.

The Backstory: Covert Cameras at Eurobin

Game Meats Company (GMC) operates a halal abattoir in Eurobin, Victoria. Early in 2024, members of Farm Transparency International (FTI), an animal advocacy organisation, repeatedly trespassed onto the site. They crawled under fences at night, installed hidden cameras, and over several months captured more than 100 hours of footage of the abattoir floor.

From that material, FTI produced a 14-minute video highlighting what it claimed were instances of animal cruelty. The video was sent to government regulators, passed to Channel Seven (which reported but did not broadcast the footage), and later published by FTI online alongside a media release.

GMC responded immediately with proceedings in the Federal Court.

Round One: Damages but No Injunction

At trial, Justice Snaden held that FTI had committed trespass and was liable for damages — awarding GMC $30,000 in general damages and $100,000 in exemplary damages.

However, the judge refused GMC’s bid for a permanent injunction to restrain publication, and also rejected the argument that copyright in the footage should be held on constructive trust for GMC.

Why? The Court accepted that damages could compensate GMC for its losses, and held that the extraordinary remedy of imposing a trust over copyright was not justified. FTI remained the legal owner of the copyright — even though it was created through trespass.

Round Two: The Full Federal Court Steps In

GMC appealed, and in August 2025 the Full Federal Court (Burley, Jackman and Horan JJ) reversed key parts of the primary decision.

The Court:

  • Declared a constructive trust: copyright in the footage was to be held on trust for GMC.

  • Ordered assignment: FTI had to execute a written assignment of copyright, with the Registrar empowered to do so if FTI refused.

  • Granted a permanent injunction: restraining FTI from publishing the material, other than to regulators.

  • Ordered deletion: FTI was required to permanently delete its copies of the footage and swear affidavits confirming destruction.

In doing so, the Full Court leaned heavily on dicta from ABC v Lenah Game Meats (2001) 208 CLR 199, where the High Court floated — but did not apply — the idea that copyright created through unlawful conduct might be held on constructive trust.

Two decades later, that possibility became a reality.

The Key Legal Issue: Equity Meets Copyright

At the heart of this case is whether copyright — a statutory right conferred automatically on the maker of a film — can be stripped away by equity when the film was created through trespass or other unlawful means.

  • Statutory law: Under the Copyright Act 1968 (Cth), FTI owned copyright in the footage the moment the cameras recorded it.

  • Equity: The Full Court held it was “inequitable and against good conscience” for FTI to assert ownership against GMC, given the trespass. Equity could therefore declare FTI a constructive trustee and compel assignment.

It’s a bold move. Courts have long imposed constructive trusts over physical property obtained unconscionably. Applying the same logic to intangible IP rights is legally elegant — and potentially disruptive.

What’s at Stake in the High Court?

FTI has now applied for special leave to appeal to the High Court. No hearing date is set yet, but the case is primed for the nation’s top court.

The issues are weighty:

  • Limits of equity: Can equity truly override the statutory scheme of copyright ownership?

  • Freedom of communication: Does restraining publication of the footage unduly burden the implied freedom of political communication, given FTI’s advocacy role?

  • Activism vs. property rights: Should activists lose IP rights in their material because of unlawful methods, or does that chill legitimate public interest advocacy?

Why It Matters

For copyright lawyers, this case is a doctrinal turning point. For animal rights advocates and agribusiness, it’s a test of how far covert activism can go before the law snaps back.

If the Full Court’s reasoning stands, companies may be able to use IP and equity as powerful tools against activists: not only recovering damages for trespass, but also stripping activists of copyright and controlling the very footage they created.

If the High Court takes a different path, we may instead see limits on equity’s reach, preserving copyright ownership even where the work was created unlawfully — with important implications for journalism, whistleblowing, and advocacy.

IP Mojo Takeaway

This case is far more than a goat-abattoir dispute. It’s about whether copyright is truly absolute, or whether conscience can trump statute. With special leave now sought, the High Court will soon have the chance to answer.

Watch this space — the ghost of Lenah Game Meats is back in Canberra.

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Watson Webb v Comino: When Valves Burst Into a Multi-IP Flood

If you thought plumbing valves were boring, think again.

The Federal Court’s recent decision in Watson Webb Pty Ltd v Comino [2025] FCA 871 is a sprawling reminder that IP disputes can leak into every corner of the law — from designs and copyright to confidence, consumer law and patents.

The Case in a Nutshell

At the heart of the fight was who really owned the rights to a series of valve designs — All Valve Industries (AVI) and its Italian partner Cimberio, or Mr Comino and his company Strongcast. What started as a commercial relationship around importing and distributing valves became a flood of litigation once design drawings, product launches and patent filings entered the picture.

Designs: Entitlement, Validity and Infringement

  • Entitlement: The Court found that Cimberio was at least a co-designer of the registered designs. Mr Comino couldn’t claim sole credit.

  • Validity: The designs were new and distinctive enough over prior art.

  • Infringement: AVI’s products weren’t substantially similar, so no design infringement was made out.

  • Unjustified threats: A strongly worded solicitor’s letter wasn’t enough to count as a threat.

Copyright: Drawings Matter

The critical twist: design registration was based on drawings created by Cimberio. Using them without permission crossed into copyright infringement.

The Court found:

  • Cimberio’s copyright subsisted in the drawings.

  • Comino and Strongcast copied and authorised copying when they used those drawings to file design applications.

  • Cimberio is entitled to an account of profits plus additional damages.

Breach of Confidence and Constructive Trust

The same drawings carried obligations of confidence. Comino’s disclosure and use of them breached that duty.

The Court imposed a constructive trust — transferring Comino’s interest in the registered designs to Cimberio.

That’s a dramatic remedy, showing courts will reorder ownership when confidential information is misused.

Consumer Law: Silence Speaks

By not telling AVI and Cimberio that the drawings were being used to file design rights, Comino engaged in misleading conduct under s 18 ACL.

Silence can mislead — especially in a close commercial relationship.

Patents: Invalid and Ineffective

Strongcast also relied on an innovation patent for a pipe bracket.

The Court held claims 1–4 invalid for lack of clarity, support, sufficiency and novelty.

Even if valid, no infringement was established.

Why It Matters

This case is a reminder that:

  • Design entitlement must be nailed down early — who really created the design?

  • Copyright overlaps with designs are still powerful, especially when drawings are copied into applications.

  • Constructive trusts are on the table where confidential information is misused.

  • Consumer law can bite in IP disputes in many and varied ways — misleading silence can be enough.

  • Innovation patents (now extinct) often struggled on validity grounds.

What looks like a simple plumbing part turned into a judgment that touches almost every corner of IP law.

For brand owners, designers and manufacturers, the message is clear: guard your drawings, document your entitlement, and don’t assume silence will save you.

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Aristocrat’s Jackpot: Full Court Revives Gaming Machine Patents

When does a slot machine cross the line from an abstract idea to a patentable invention?

After years of litigation, remittals, and even a 3–3 deadlock in the High Court, the Full Federal Court has finally tipped the balance in Aristocrat’s favour.

🎰 The Long Spin

Aristocrat has been fighting since 2018 to keep its patents over electronic gaming machines (EGMs) with “configurable symbols” — feature games that change play dynamics and prize allocation. The Commissioner argued these were just abstract rules of a game dressed up in software. Aristocrat said they were genuine machines of a particular construction that yielded a new and useful result.

The case bounced through:

  • Delegate (2018): patents revoked.

  • Burley J (2020): Aristocrat wins.

  • Full Court (2021): Aristocrat loses (majority invents “advance in computer technology” test).

  • High Court (2022): split 3–3, affirming the Full Court’s result by default under Judiciary Act s 23(2)(a).

  • Remittal (2024): Burley J reluctantly applies Full Court reasoning against Aristocrat.

Cue the latest appeal.

⚖️ The Precedent Puzzle

The Full Court (Beach, Rofe & Jackman JJ) confronted a thorny problem: should it stick to its own 2021 reasoning when the High Court had unanimously rejected that reasoning, even though no majority emerged?

The answer: No.

  • Only majority or unanimous High Court views are binding.

  • But the High Court’s unanimous criticism provided a “compelling reason” to abandon the earlier Full Court approach.

  • The Court found “constructive error” — not blaming Burley J, but recognising the law had to move on.

🖥️ Rethinking “Manner of Manufacture”

The Court reframed the test for computer-implemented inventions:

  • Not patentable: an abstract idea manipulated on a computer.

  • Patentable: an abstract idea implemented on a computer in a way that creates an artificial state of affairs and useful result.

Applying this, Aristocrat’s claim 1 was patentable — and by extension, so were the dependent claims across its four patents. The EGMs weren’t just abstract gaming rules. They were machines, purpose-built to operate in a particular way.

💡 Why It Matters

  • For patentees: This revives hope for computer-implemented inventions beyond “pure software” where technical implementation creates a new device or process.

  • For examiners: IP Australia may need to recalibrate examination practice on software-related patents — the “advance in computer technology” yardstick is gone.

  • For practitioners: This is a case study in how precedent, process, and patents collide. The High Court’s split didn’t end the story — it forced the Full Court to resolve it.

🚀 Takeaway

The Full Court has effectively reset the slot reels. Aristocrat’s EGMs are back in play, and the scope of patentable computer-implemented inventions in Australia looks a little brighter.

Sometimes the house doesn’t win.

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Copy That, Part 10 – Copyright Myths Busted: Top Misunderstandings

The most dangerous thing about copyright? What people think they know.

Myths abound, and they can land creators and businesses in hot water. Let’s bust a few of the biggest.

Myth 1: “If it’s on the internet, it’s free to use.”

Nope. Online doesn’t mean ownerless. Copyright applies the moment a work is created and uploaded.

Myth 2: “I gave credit, so I can use it.”

Attribution is important, but it’s not a substitute for permission. Unless a licence or exception applies, copying is still infringement.

Myth 3: “I changed it, so it’s mine.”

Derivative works—like remixes, adaptations, and mash-ups—still require permission from the original copyright owner.

Myth 4: “It’s educational, so it’s fine.”

Education has some specific statutory licences and exceptions, but they’re limited and tightly regulated. “I used it in class” doesn’t automatically mean fair dealing.

Myth 5: “I bought it, so I own the copyright.”

Buying a book, CD, or digital download gives you the copy—not the underlying rights. Only the copyright owner controls reproduction, adaptation, and distribution.

Myth 6: “The 10% rule – if I change 10%, I’m safe.”

There’s no such thing. Courts look at whether a substantial part of the original work has been copied, not a percentage. Even a small portion can infringe if it captures the essence of the work.

Myth 7: “I added a little to the program, so now we both own it.”

Not true. Adding a minor change or tweak to software (or any work) doesn’t automatically give you joint ownership. You might own the copyright in your new contribution, but the original creator still owns their part—and you can’t exploit the combined work without permission.

IP Mojo tip: get advice, not assumptions

Relying on myths is a shortcut to infringement. When in doubt, check the licence terms, rely on fair dealing only where it clearly applies, or get legal advice.

Series Wrap-Up: Copy That

Over 10 instalments, we’ve explored the world of copyright in Australia—what it protects, who owns it, how long it lasts, when you can use someone else’s work, and how to share and enforce your own. Along the way, we’ve debunked myths, unpacked rights, and hopefully shown that copyright isn’t just a legal technicality—it’s a practical toolkit for protecting creativity and powering business.

If there’s one takeaway, it’s this: don’t rely on assumptions. Copyright law is full of nuance. A quick check, a clear agreement, or a simple licence can save years of disputes.

👉 That’s a wrap for Copy That: The IP Mojo Guide to Copyright in Australia.

But IP Mojo isn’t stopping here. Stay tuned for our next series, where we’ll dive into another corner of intellectual property and digital law—because your ideas, brands, and content deserve more than protection. They deserve strategy.

Follow along at IP Mojo for what’s next.

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Copy That, Part 9 – International Protection: Does My Copyright Travel?

Copyright doesn’t stop at the border. Thanks to international treaties, Australian works enjoy protection in most countries around the world.

But while copyright travels, enforcing it can be another story.

The Berne Convention

Australia is a member of the Berne Convention for the Protection of Literary and Artistic Works, which has over 180 signatories. The convention requires each member country to give works from other member countries the same copyright protection they give their own.

In practice:

  • An Australian author’s novel is protected in France, the US, Japan, and most other places automatically.

  • No need to register abroad (though some countries, like the US, still require local registration before suing).

Enforcing overseas rights

While protection exists automatically, enforcement depends on local courts and procedures. That means:

  • You may need local lawyers and expertise.

  • Remedies differ country to country.

  • Cultural and practical considerations can affect how disputes play out.

Beyond Berne

Australia is also part of other agreements, including the WIPO Copyright Treaty and various free trade agreements, which extend and harmonise protections.

IP Mojo tip: plan internationally

If your work has export potential—books, software, films, brands—consider international contracts, licences, and partnerships to support enforcement, rather than relying on litigation in a distant jurisdiction.

Next up in our Copy That series:
Part 10 – Copyright Myths Busted: Top Misunderstandings

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When Copying Doesn’t Pay: Lift Shop v Next Level Goes All the Way Up

What happens when copyright infringement is admitted but the “big ticket” remedies fall away?

The recent battle between residential lift rivals Lift Shop and Next Level Elevators shows how hard it can be to turn technical wins into commercial victories.

The Backstory

Lift Shop and Next Level are fierce competitors in the Australian residential lift market. The dispute began when a Lift Shop quotation template found its way into Next Level’s hands in late 2019. Next Level adapted the template and used it for a few months until April 2020.

Lift Shop sued in the Federal Circuit and Family Court, claiming:

  • Copyright infringement of its quotation documents,

  • Breach of confidence over information allegedly supplied by a former employee, and

  • Misleading or deceptive conduct under the ACL in relation to marketing and compliance claims.

Next Level hit back with its own ACL allegations.

The Primary Judgment (June 2024)

Judge Baird found that Next Level (and two of its directors) had indeed infringed Lift Shop’s copyright by using the quotation template. But the win was thin:

  • Additional damages refused: Although infringement was established, the Court declined to award extra damages under s 115(4) of the Copyright Act. The use was brief, not particularly lucrative, and not deemed “flagrant.”

  • Breach of confidence dismissed: Lift Shop couldn’t prove its customer quotes were truly confidential. Some of the same material had even been accessible on its website due to a coding plug-in glitch.

  • ACL claims failed on both sides: The Court wasn’t persuaded that either company had misled consumers about their lifts. Importantly, the judge observed the Court was not an industry regulator.

In short, Lift Shop walked away with a declaration of infringement, but none of the additional relief it wanted.

The Appeal (August 2025)

Unhappy with the limited result, Lift Shop appealed to the Full Court. Its main targets were:

  1. Additional damages – arguing the primary judge was wrong to rule them out before quantum was assessed.

  2. Flagrancy – insisting Next Level’s copying was sufficiently egregious to attract extra damages.

  3. Confidential information – contending the judge erred in finding no breach of confidence and in admitting documents obtained from its website by Next Level’s solicitors.

The Full Court (Feutrill, Neskovcin and Moore JJ) dismissed the appeal:

  • Additional damages can be decided early: The Court confirmed that entitlement to additional damages can be determined at the liability stage, even before election or quantum. Entitlement and quantification are distinct steps. This follows the approach in Redbubble v Hells Angels and Motorola v Hytera.

  • Flagrancy is a matter of degree: The assessment under s 115(4) isn’t binary (“flagrant or not”). It involves weighing the degree of flagrancy along with other factors. The primary judge’s evaluative judgment disclosed no error under House v The King.

  • No confidentiality: A Lift Shop customer quote was not confidential, particularly when similar documents were accessible online. The Court also held that Next Level’s solicitors had not acted improperly in locating documents via the website.

Result: appeal dismissed with costs.

Key Takeaways

  • Copyright is not a lottery ticket. Even where infringement is admitted, additional damages are far from automatic. Courts look for truly egregious, flagrant conduct.

  • Two steps to additional damages. Entitlement and quantification are separate. Entitlement can be determined at the liability stage – and losing that fight early can dramatically weaken a case.

  • Confidentiality must be managed. If “confidential” material can be accessed on a public website, or is too widely circulated, courts are reluctant to protect it.

  • ACL claims cut both ways. Rival traders often throw ACL allegations at each other, but without strong evidence, the Court may simply dismiss both.

Why It Matters

For litigants, this case is a reminder that winning the infringement battle doesn’t always mean winning the war on remedies. Strategic choices about pleading confidentiality, securing websites, and framing additional damages arguments can decide whether a lawsuit delivers real value—or just a hollow declaration.