TS Production LLC v. Drew Pictures Pty. Ltd. and Another
Australia Federal Court
252 ALR 1, 80 IPR 548, 2008 WL 5268589 (2008)
- Written by Kyli Cotten, JD
Facts
An Australian film production company, owned by principal shareholder Ms. Byrne, produced the commercially successful film The Secret, which was heavily promoted in the United States. Ms. Byrne assigned the copyright to the film to TS Production LLC (plaintiff). Drew Heriot, an Australian citizen living in the United States, directed the film. TS Production alleged that Heriot worked on its behalf pursuant to a contract of service. Heriot asserted that he directed the film on behalf of his company, Drew Pictures Pty. Ltd. (defendant). Drew Pictures asserted that it was a co-owner of the film. TS Production brought an action in the Australian courts to establish its right to the Australian copyright, and it sought an injunction restraining Drew Pictures from asserting any claim to the copyright. Rather than respond to the Australian action, Drew Pictures filed a declaratory-judgment action in the United States District Court for the Northern District of Illinois, asserting its claim as a co-owner to the film’s copyright under Illinois and federal law. Drew Pictures then applied for a stay of the Australian action pending the resolution of the United States action. The Australian judge granted the stay, finding that the law of the United States governed. TS Production appealed.
Rule of Law
Issue
Holding and Reasoning (Finkelstein, J.)
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