Oliver vs Bulurru (1992-2000)
Oliver vs Bulurru (1992-2000)
History – Stolen Designs
Dale Oliver 'Malla' won his copyright court case against Bulurru in 2000 after an 8 year court battle.
(Article Clipping Attached 29th June, 2000)
A manufacturer which caters for the tourist market yesterday was found to have copied the works of a highly reputable Aboriginal Artist. Acting Justice John Davies found Bulurru Australia Pty Ltd has infringed Dale Oliver’s copyright in his designs;
✓ Barramundi Hunting
✓ Kangaroo tracking
✓ Jabiru and Dancers
The NSW Supreme Court heard Mr Oliver, from the Kukuyalanji people of Northern Queensland not only created works of art but also designs to be applied to t shirts and art panels. In 1992 Bulurru entered into a written agreement with Mr Oliver where the company was licensed to produce goods carrying five of his designs. Two years later there were disagreements between the parties and in August Mr Oliver sought to reject a purported renewal by Bulurru of its license agreements for a further three years.
Justice Davies said during the dispute. Bulurru sought designs firm called ‘Think Positive’ and five pictures were produced. Mr Oliver claimed the designs infringed his copyright while Bulurru sought a declaration that the option to renew was a valid exercise. There is such similarity between the new designs...and Mr Oliver’s designs that I have no doubt that the designer of Bulurru designs had before him or either copy of Mr Oliver’s designs or photographs thereof” Justice Davies said. Lawyers for Mr Oliver have a week to deal with the issue of damages or an account of profits and costs. Counsel for Bulurru has a further week to respond.