A recent Federal Court interlocutory decision underscores the moral rights of film directors under the Copyright Act 1968 (Cth) (Copyright Act) to proper attribution for cinematograph films. It also highlights the importance for authors and creators more broadly to be aware of and protect their moral rights.
In McCallum v Projector Films Pty Ltd, Stephen McCallum successfully obtained interim injunctive orders against the respondents, Projector Films Pty Ltd and fellow filmmaker, David Ngo. The Court restrained the screening or promotion of the film “Never Get Busted!” unless it included the credit “Directed by Stephen McCallum.” It also restrained the film from attributing credit to Mr Ngo until final determination at trial.
This is a novel decision because it traverses rarely examined provisions of the Copyright Act concerning directors’ moral rights of attribution in cinematographic works. Although the proceeding is ongoing and listed for trial in September 2025, the performing arts industry can draw valuable lessons from this dispute to better safeguard their moral rights.
Authors:
Tim O’Callaghan, Partner
Email: TOCallaghan@piperalderman.com.au
Travis Shueard, Special Counsel
Email: tshueard@piperalderman.com.au