ABSTRACT
In a recent decision, the Full Court of the Federal Court of Australia declared a constructive trust over a trespassing filmmaker’s copyright to effect specific restitution of that copyright to the landowner victim of the trespass. This provided a basis to grant permanent injunctive relief to suppress the film. Given that the filmmaker was an animal liberationist organisation, and the landowner was an abattoir, the trust raises complex issues of civics. After considering the character and consequences of the declared trust, this piece argues that the issues of civics the trust implicates can only be properly addressed if its imposition is governed by judicial discretion.
Brennan, David J, Copyright and Condemnation (December 17, 2025), Australian Intellectual Property Journal, volume 36, issue 2, 117-132.
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