Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

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

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Madrid Climate Talks: Decade Ending 2019 Likely To Be Hottest On Record

Exceptional global heat driven by greenhouse gas emissions mean this decade will most likely go down as the warmest on record, according to the World Meteorological Organization...

The agency also finds that 2019 is on track to be the second or third warmest year in history, with the global average temperature during January through October, roughly 1.1 degrees Celsius above the pre-industrial era.

“If we do not take urgent climate action now, then we are heading for a temperature increase of more than 3°C by the end of the century, with ever more harmful impacts on human wellbeing.” More>>

 

NZ First Conflicts Of Interest: New Details Around Timeline

New information has emerged showing it was the New Zealand First chief of staff who identified potential conflicts of interest between a forestry company and two senior government ministers, sparking a series of declarations. More>>

Earlier:

Donations:

Five New Cancer Meds In Six Months: Pharmac Funds More Cancer Medicines, Faster Assessment

PHARMAC has confirmed that two new medicines – olaparib for ovarian cancer and fulvestrant for breast cancer – have been approved for funding... Rituximab and bortezomib, which are already funded, have also been approved for widened access following successful commercial proposals from new suppliers. More>>

ALSO:

Gordon Campbell: On Stoking Fears About Cannabis Law Reform

It was always going to be hard to have a rational debate on cannabis reform. Far easier for politicians to win votes by stoking alarm... More>>

ALSO:

Tūhoronuku Mandate Recognition Ends: "New Opportunity" For Ngāpuhi Treaty Negotiations

The Crown is providing an opportunity for the hapu of Ngāpuhi to rebuild its framework from the ground up for collective negotiations to deal with its historical Treaty claims... More>>

ALSO:

Pike River: Next Phase Of Recovery Underway

“Fresh air will be pumped into the Pike River Mine drift this week, following acceptance of the plan for re-entry beyond the 170m barrier by New Zealand’s independent health and safety regulator WorkSafe." More>>

ALSO:

Peters Stoic: Russia On Afghan Firing Range Deaths

The foreign minister won't be calling in the Russian ambassador concerning comments made about New Zealand soldiers in Afghanistan. In a media briefing late last month, Russian Foreign Ministry spokesperson Maria Zakharova said New Zealand must investigate crimes against civilians. More>>

ALSO:

Christchurch Call: Online Crisis Response Workshop In Wellington

Governments and tech companies are holding a two-day workshop, hosted by YouTube/Google in Wellington, to test the Christchurch Call Shared Crisis Response Protocol. More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 


 

InfoPages News Channels