Seminar Problem Question
In 2005, Brian was hired in the “research” department of The College of
Australian Business Law (CAB). The College has 1 campus in Brisbane and
multiple campuses in outback Australia. CAB runs a 3 year course, teaching
students about Australian Business and Corporate Law.
In 2010, Brian was handed a promotion and became their “Chief Marketing
Officer”. As part of his employment, he was asked to produce an “Introduction
Package” that would welcome potential, new students to the University.
The College sent Brian an email, with the following instructions: “As part of
our vision to increase student numbers, particularly in our rural campuses,
you are required to undertake the task of creating an information/promotional
Laws7023 Business and Corporate Law – Seminar Exercises 6 – Sem 1 2017
package that will best represent our Institution to potential Foreign and
Domestic students. We are all about the Country meeting the City and giving
students a great legal education, whilst also experiencing Australian culture in
the outback. We leave the layout and design up to you.”
After two weeks, Brian still had no new idea on how to approach the task and
so he decided to see what other Colleges had done in similar situations.
Using a false name, Brian applied as a potential student to each of the
leading Universities/Colleges within Australia, so that he could be sent their
promotional material. After reading all of the material on offer, he then
designed his own promotional package which included a brochure, a covering
letter and an accompanying CD.
The package was designed in a bright yellow, orange and red colour scheme.
The brochure provided information about the history of Australia and the
history of the College. The CD was separated into 2 sections: the first
containing information about CAB’s unique Business Law curriculum and the
second outlining one of CAB’s new trial programs – extra-curricular, “cultural”
activities that were to be offered at their regional campuses. These activities
included boomerang throwing and crocodile wresting. Brian used the songs “I
Still Call Australia Home” and “I came from the Dreamtime” as background
music for the CD. He also devised a new slogan “City to Country: Learning
Law with an Aussie Twist’’ which was used throughout the promotional
package. All writing in the brochure, letter and CD was in a unique font called
“Old Australian”.
Brian has now been contacted by Roger, the CEO of a famous Business
College in Mt Isa (“The College of the Outback” (TCO)). TCO runs a 3 year
course, focusing on business practices and the requirements of running a
business in regional and rural Australia. One of the College’s main priorities is
on students understanding Australia’s diverse culture and its unique ancestry.
Roger claims that Brian has copied TCO’s promotional package which
includes a covering letter and CV and which has remained largely the same
for 10 years. Roger says that TCO’s package has an orange and red colour
scheme and that all information has always been printed in the “Old
Australian” font.
Laws7023 Business and Corporate Law – Seminar Exercises 6 – Sem 1 2017
Roger describes how TCO’s cover letter sets out the history of Australia and
outlines why the University feels that this is important when understanding
and teaching how “Business” operates in Australia. He alleges that TCO has
always promoted “regional Australia” and that this is evidenced by the many
cultural activities that their College offers, such as learning to play the
didgeridoo, raising a baby crocodile and baking damper (traditional Australian
bread). All of these activities are featured on TCO’s promotional CD.
Roger states that “I Still Call Australia Home” is featured as the background
music on their CD and that it is well known that the College uses this song as
their “Inspirational Anthem” for their students.
Finally, he also claims that CAB has copied their slogan, being “Country
Meets City: Teaching Business the Australian Way”.
Brian insists that he did not intentionally copy TCO’s promotional package.
However, he will not say whether or not he had access to it.
Is TCO’s package, including their slogan, protected by copyright law?
If so, has Brian infringed their copyright?