Following on from the earlier post, the Full Court did, however, dismiss ACER’s appeals against Besanko J’s rulings that:
- Dr Hart owned the copyright in the SOQH, even though it was created while he was employed by the Department of Education; and
- The assignment of the right to sue for past infringements was valid.
The ruling on the right to sue for past infringements is particularly important as it is the first substantial appellate consideration of the question. It is all the stronger because it was executed some 2 years after the assignment of copyright but Besanko J and the Full Court found there was sufficient nexus with the copyright assignment to support its validity.