There have already been a few articles about the Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited case.
The first thing to note is that the decision is just on a preliminary question. This is a procedural device used where it is likely to help save the court’s (and parties’) time and resources. In this case, the issue is just: for the purposes of this suit, does the applicant actually own the copyright it is seeking to enforce. If not, obviously, it would be possible to dismiss the case straight away, saving the expense of a trial. In this case, the preliminary question is simply a determination of a basic fact. (more…)
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