Recent Cases

State of Escape Accessories Pty Limited v Schwartz [2022] FCAFC 63 (20 April 2022) (Greenwood, Nicholas and Anderson JJ)


COPYRIGHT – carry-all bag designed by director of appellant – whether copyright subsists in carry-all bag as a work of artistic craftsmanship – meaning of “work of artistic craftsmanship” – relevance of functionality and aesthetics – consideration of the extent to which any artistic expression in the form of the carry-all bag is constrained by functional considerations – whether primary judge’s assessment of evidence was affected by error – whether primary judge gave excessive weight to evidence given by respondents’ expert witness – whether primary judge failed to consider carry-all bag as a whole – no error disclosed – appeal dismissed