Senate Environment and Communications Legislation Committee, , 6:18:33 to 6:22:06
ABC Managing Director David Anderson discusses potential legal remedies, including cease-and-desist letters and injunctive relief, against One Nation for unauthorized use of Bluey.
Topics: Copyright, Government legal services
Speakers: Hugh Marks, Senator Varun Ghosh
Yes, I mean depicting using a children's character to run over a political figure with a car. I I mean I appreciate it was published two years ago, but has a particular poignance in the last word. Uh can I ask, have you sort legal advice in relation to this matter?
Uh we have, Senator. Um in fact I was in discussion with my general counsel about this the other day, who was telling me that they were considering whether there was any basis on which that that uh could be implied as fair use, and I my opinion was I would find it very difficult to believe that there was any fair usage base for that IP.
Have you contacted the Queensland licenceholder?
Um that discussion is also happened, Senator.
Have you contacted BBC?
Um not sure of that, but I'm sure that process will have happened as well.
Uh how how did you contact the licenceholder?
Uh it would have been in discussions between our um editorial uh uh head of commissioning and and Ludo Films, but um Senator, I'm I'm more than happy to come back to you with progress on on that matter. A blatant use of IP.
Yes, I uh I I would like you to come back to me on that. I'd also like if there's any copies of correspondence or relevant um I'm not asking for anything that's privileged uh or or within the content of legal advice, but I would like any uh file notes or memos that don't fall within legal professional privilege to be provided on notice uh and any correspondence with uh the licence. Holder in either in Queensland and in relation to the BBC. Have you contacted the One Nation Party about this use?
Senator, the first thing would be to make sure that we're confident of the action the nature of the action that we would take before writing a letter to seek its um removal.
Well, putting it at a different level, like rather than a pure assertion of legal right, given what I think is a pretty uh heinous use of Blue E in that cartoon. Have you contacted one nation to express uh the one nation political party to express uh the view you've expressed to me just a moment ago?
Sure, Senator. I mean I became aware of this last week. Um again, I've left it with my general counsel for the week, but we will be um taking further action, I can assure you.
Okay. And at this point, what further action is in your contemplation?
I would imagine that it's a breach of intellectual property and a cease and desist letter should be issued.
Is there any further action that you're considering?
Um I guess uh in intellectual property claims there there sometimes is a right to damages, but I think in this case um it you know damages are going to be an insufficient remedy, so um it'll be uh the nature of injunctive relief ultimately would be what you would seek.
Why do you say damages are going to be an insufficient remedy?
Um Senator, I don't imagine uh that um necessarily it would be difficult to prove the damage that the copyright holder or the ABC has has suffered in this particular case, and I would say that that damage is not sufficiently um again, I'm testing my legal background here, not a sufficient um remedy in this particular case. The remedy should be stopped.
Blue is a pretty valuable product though, to you to the licenceholder and with its licence rights to the ABC?
Uh yes, Senator, it is a very important thing. Definitely.
Okay, then can I just ask you to reflect on that answer in terms of damages and whether there has been a loss in the depiction in this way?
Certainly, Senator, um, we'll take all relevant advice and take the appropriate steps.
Okay. And if you could keep me updated on this, that would be fantastic. We'll do. All right. Uh I'm ready to pass the call to Senator Roberts.