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Wilson v Broadcasting Corporation of New Zealand - [1990] 2 NZLR 565

$30.00

High Court Wellington
11, 12, 13, 14, 15, 19 April; 28 July 1988
Jeffries J
Copyright — Infringement — Format or concept for a television programme — Breach of confidentiality — Plaintiff submitted lengthy feasibility study for television programme to defendant in 1980 — Negotiations broke down but were subsequently continued between the defendant and a third party — In 1984 and again in 1985 defendant broadcast a series of programmes based on plaintiff's concept or format — Plaintiff sought damages including exemplary damages for infringement of copyright and breach of confidentiality — Whether the feasibility study was a dramatic work in a material form — Whether defendant had infringed plaintiff's copyright — Whether defendant had breached confidentiality — Whether damages under both causes of action should be cumulative — Whether exemplary damages should be awarded — Copyright Act 1962, ss 3(8), 7 and 24.

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