Law Commons^™

An Australian Copyright Revolution And Its Relevance For Uk Jurisprudence: Icetv In The Light Of Infopaq V Danske, Justine Pila

Justine Pila

The purpose of this paper is to consider the High Court of Australia’s decision in IceTV v Nine Network (2009) and its relevance for UK copyright jurisprudence, taking account of the ECJ's decision in Infopaq v Danske (2009). The starting point for that consideration is the principle expressed by the Court of Appeal in Higgs v R (2008), that UK courts may rely on the reasoning of Australian and other foreign decisions when the logic of those decisions makes them applicable. On its face, IceTV seems an important decision, and a likely source of future reasoning for UK courts. Among …