Australian activists ordered to destroy abattoir footage despite retaining copyright

NewsWorld NewsRest of World NewsActivists entered an Australian goat abattoir seven times and filmed a 14-minute video; the High Court said they retained copyright but must destroy the footage, after an earlier $130,000 damages award Activists entered an Australian goat abattoir seven times and filmed a 14-minute video; the High Court said they retained copyright but must destroy the footage, after an earlier $130,000 damages award The activists acknowledged that they trespassed on the abattoir’s property in order to install and retrieve the cameras.

Their argument was that while the trespass itself was wrong, the act of recording the footage was separate and not inherently illegal.Farm Transparency International used the recordings to create a 14-minute video that it said exposed serious animal welfare concerns.

The footage was shared with the federal regulator, a local television outlet, and was also published online.Game Meats Company Australia argued that the activists’ actions were among the most serious examples of intentional misconduct imaginable.

The company sought not only damages but also control over the footage itself, arguing that publication could cause ongoing harm to its business. In the initial Federal Court proceedings, the activists were ordered to pay $130,000 in damages.

The court also issued an injunction requiring the removal of the footage from online platforms, as per ABC.However, the question of who actually owned the copyright to the footage was not fully resolved at that stage. That issue became the focus of the appeal, where the Full Court of the Federal Court took a different view.The Full Court used a legal device called a constructive trust to vest the copyright in the abattoir.

This was a significant move, as it marked the first time such an approach had been applied in a copyright case in this way.What is a constructive trust It is an equitable remedy imposed upon property or rights acquired by misconduct.In this case the Full Court held that the abattoir should be treated as the rightful owner of the copyright because the footage was obtained by trespass.Farm Transparency International challenged that reasoning in the High Court.

The group argued that the court had failed to identify a clear legal principle or adequately connect the facts of the case to justify transferring copyright ownership.The activists also argued that a less severe remedy would have been sufficient.

They said that preventing further publication could have been achieved without handing over the copyright itself.The High Court’s ruling Despite winning on the copyright issue, the activists did not get everything they wanted.

The High Court still ordered Farm Transparency International to destroy all recordings and copies obtained through its trespasses.The court reasoned that a limited injunction was the most appropriate remedy. While the activists could keep the copyright, they could not keep or distribute the actual footage obtained unlawfully.This results in a curious consequence.

The organization owns the copyright but can’t use the footage it shot.Still, third parties that downloaded the video during the short period it was available in May 2024 might still be able to post it. The ruling is significant because it clarifies the limits of using trespass to obtain material for publication.

Activists can retain copyright over what they film, but they cannot necessarily use or distribute that material if it was obtained unlawfully.Farm Transparency International’s executive director, Chris Delforce, expressed disappointment with the outcome.

He said the requirement to destroy the footage was a setback for the public’s right to know what happens inside slaughterhouses and factory farms.He also noted that the dismissal of the copyright claim was a positive development.

It means that third parties, including media outlets, remain free to publish the footage if they obtained it legally. Activists, journalists and legal scholars will likely be scrutinizing the case. It sits at the crossroads of property law, copyright law and freedom of speech.

The High Court's reasoning may have implications for future cases involving undercover filming.The ruling makes clear that trespassing has consequences, even if the material gathered is meant to expose wrongdoing. At the same time, it protects the principle that copyright should not automatically be transferred to the party that was wronged.For Farm Transparency International, the fight may continue in other forms.

For the abattoir, the ruling offers some protection against further distribution of the footage. For the rest of us, it raises some serious questions about the line between exposing potential wrongdoing and respecting legal boundaries.

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