[GSDI Legal Econ] Surveyors own copyright in Maps and Plans in Australia

[George.Cho]

Aussie Court decides surveyors own copyright in maps and plans
Surveyors own the copyright in the maps and plans they create, the
Australian Full Federal Court decided on 5 June 2007. 
The court rejected a claim by the New South Wales Government that it
owned the copyright in the plans surveyors created and registered. 
Copyright Agency Limited (CAL) Chief Executive Jim Alexander said it was
a landmark win for surveyors to have their copyright claim acknowledged.

The court found none of the plans were made under the direction and
control of the State of NSW , or first published by the State. 
Copyright Agency Limited, whose members include surveyors, made an
application to the Australian Copyright Tribunal for a determination
under ss 183 and 183A of the Copyright Act and it was then referred for
a legal decision to the Federal Court. 
However, the court also decided that the State was authorised to use the
registered plans under the statutory and regulatory framework without
remuneration for surveyors. 
It said the entering of data in survey plans on to the States Digital
Cadastral Database (DCDB) did not entail a reproduction in the
'copyright' sense. 
Therefore any supply electronically by the State of NSW of any part of
the DCDB was not a reproduction of the surveyors' copyright. 
"We are disappointed that despite acknowledging the copyright owned by
our surveyor members, the court has implied there is a licence by the
government to use the surveyors' works without compensation," Mr
Alexander said. 
" CAL is considering the decision and will decide on our next move in
the next few weeks," he said. 
Interested readers may download a .pdf from the following site.
http://www.copyright.com.au/FC%20Judgment%20Lindgren%20Emmett%20Finkelst
ein%20CAL%20v%20NSW.pdf






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