Copyright in Film of Music performance of Live Band: Case note

The recent decision of Hill v Lang [2012] FCA 349 (5 April 2012) involved the ownership of copyright in a cinematograph film which featured the performance of a live band filmed by the applicant.

The respondent claimed the applicant was paid for its services. At issue was whether the applicant was the “maker” of the film for purposes of the Copyright Act 1968 (Cth) s 22(4) and whether the film was a “commissioned film” for purposes of the Act s 98(3).

Decision that the appeal be dismissed. Legislation considered was the Copyright Act 1968 (Cth) ss 10, 22, 98, 131 and the Copyright Amendment (Film Directors’ Rights) Act 2005 (Cth) (No 130 of 1995).

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