‘Artistic work’

Press, Volume CXIV, Issue 33588, 17 July 1974, Page 2

‘Artistic work’

(N.Z. Preus Association) AUCKLAND, July 16. An engineering drawing of a lavatory pan connector is an “artistic work” within the meaning of the Copyright Act, Mr Justice Chilwell has ruled.

The case concerned two types of connector, one bearing the trade name Nucon and the other named Truncon, each owned by different Auckland companies-

P. S. Johnson and Associates, Ltd, of Epsom, claimed that Bucko Enterprises, of Westmere, had infringed its copyright.

In a 28-page written decision on the first New Zealand case for an industrial infringement of copyright, his Honour found in favour of the plaintiff. He ordered an injunction to prevent the defendant infringing the copyright, an inquiry as to damages suffered by the plaintiff, and the delivery up or destruction of all pan connectors made in infringement of the copyright and held by the defendant. His Honour said the Truncon was a production of substantial part of the Nucop. He held that copyright subsisted in the work and the copyright was held by the plaintiff, who first marketed the connectors in the latter part of 1969. The Truncon was put on

the market towards the end of 1971. An order for an injunction and destruction of pan connectors was also made against Davis Alan Herbert Buckley, a plumber, of Westmere, whom his Honour described as the guiding hand in the formation and affairs of the defendant company.