Green v Broadcasting Corporation of New Zealand - [1988] 2 NZLR 490

Copyright — Infringement — Literary or dramatic work — Format of television programme — Talent quest programme produced for New Zealand television and called "Opportunity Knocks" copied features of British programme bearing the same name — Whether "scripts" which only contained a format were literary works — Whether "scripts" which could not themselves be acted or performed constituted a dramatic work — Whether New Zealand programme had infringed the British programme's copyright — Copyright Act 1962, ss 2, 3 and 7.

Tort — Passing off — Television programme — Talent quest programme produced for New Zealand television and called "Opportunity Knocks" copied features of British programme bearing the same name — Whether producer of British programme had established sufficient goodwill in New Zealand to claim for passing off — Whether evidence established confusion or misrepresentation as a result of the New Zealand programme.

Practice and procedure — New trial — Evidence in plaintiff's possession was not produced at trial — Whether there had been a sufficient miscarriage of justice to justify a new trial — High Court Rules, R 494.