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Eight Mile v National Party - Leave to appeal dismissed

IN THE SUPREME COURT OF NEW ZEALAND
I TE KŌTI MANA NUI

SC 15/2019
[2019] NZSC 48

BETWEEN

EIGHT MILE STYLE, LLC
First Applicant
MARTIN AFFILIATED, LLC
Second Applicant

AND

NEW ZEALAND NATIONAL PARTY
First Respondent

GREG HAMILTON
Second Respondent

[…]

Judgment:
14 May 2019

JUDGMENT OF THE COURT
A The application for leave to appeal is dismissed.
B The applicants must pay costs of $4,500 plus usual disbursements to the respondents collectively.

____________________________________________________________________

REASONS


Background

[1] The applicants (collectively, Eight Mile) commenced proceedings in the High Court against the respondents (the New Zealand National Party and its secretary, Greg

Hamilton) for breach of copyright involving the use in a political advertisement of a soundtrack infringing the copyright in the musical work Lose Yourself.1 Eight Mile succeeded in establishing a breach of copyright and an award of damages of $600,000 was made in favour of Eight Mile.2 However, its claim for additional damages under s 121(2) of the Copyright Act 1994 failed.

[2] The National Party did not appeal against the finding of breach of copyright, but appealed to the Court of Appeal on the quantum of damages. The Court of Appeal allowed the appeal and reduced the damages award from $600,000 to $225,000.3 Eight Mile cross-appealed against the refusal of the High Court Judge to award additional damages, but the cross-appeal was dismissed.

Grounds

[3] Eight Mile now seeks leave to appeal to this Court against the Court of Appeal’s decision.

[…]

Full judgment: 2019NZSC48_Eight-Mile_v_NZ_National_Party.pdf



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