Rutter v Brookland Valley Estate Pty Ltd [2009] FCA 702 is like a law exam question come to life.
The proceeding was commenced by a musician (the flautist Jane Rutter) for alleged copyright infringements (including infringement of her moral right of attribution: at [114]–[115]!) arising from the use of part of a piece composed by her (“Blo”) on the label of Verse 1 wines.
That’s right, the bit of music that used to be on the labels of the wine wasn’t just some graphic flair. Richard Toop, a musicologist, gave unchallenged evidence that the music was “an immediately recognisable excerpt” from, and “an essential and material part” of, “Blo” (at [88]).
The consequence of the unlicensed use? The winery was order to pay Rutter $443,377 (plus costs), including $150,000 in additional damages.
