hello. we’re glad you’re
getting in touch.
Fill in form below, or simply call us on 1800 888 966
one eagle – waterfront brisbane
level 30, 1 eagle street
brisbane qld 4000
+61 7 3235 0400
grosvenor place
level 11, 225 george st,
sydney nsw 2000
+61 2 8298 9533
Fill in form below, or simply call us on 1800 888 966
Mr Hardingham, is a professional photographer and his company Real Estate Marketing Australia Pty Ltd (“REMA”), was commissioned to take photographs of properties and draw up floor plans by real estate agents. These agents then uploaded them onto the cross-respondent’s, realestate.com.au Pty Ltd (“REA”), website realestate.com.au. These real estate agents in making their accounts on this website were bound by clauses that:
REA then provided copies of the photographs to RP Data Pty Ltd (operates <www.corelogic.com.au>) (“RP Data”) via an agreement.
REMA became aware of the use of the photos on RP Data’s website and wrote to RP Data. After receiving RP Data’s letter back denying any infringement, REMA took no further action until nearly 4 years later when it wrote to RP Data again, received a further letter and then started proceedings.
An implied sublicense was held to exist and there was no copyright infringement due to:
Failure for a copyright owner to take action to enforce their rights can mean these rights are eroded by a license or even a full assignment being implied by the courts.