Oliver vs Bulurru (1992-2000)

Oliver vs Bulurru (1992-2000) – A Landmark Copyright Victory

🖤💛❤️ History – Stolen Designs

In 2000, Dale Oliver 'Malla' successfully won his copyright court case against Bulurru after an eight-year legal battle.

A manufacturer catering to the tourist market was found guilty of copying the works of a highly reputable Aboriginal artist. Acting Justice John Davies ruled that Bulurru Australia Pty Ltd had infringed Dale Oliver’s copyright on the following designs:

Barramundi Hunting
Kangaroo Tracking
Jabiru and Dancers


📜 The NSW Supreme Court Ruling

The court heard that Dale Oliver, a Kuku Yalanji artist from Northern Queensland, not only created original works of art but also designed pieces specifically for t-shirts and art panels.

In 1992, Bulurru entered into a written agreement with Mr. Oliver, granting them a license to produce goods featuring five of his designs. However, in 1994, disputes arose between the parties. In August of that year, Mr. Oliver rejected a purported renewal of the licensing agreement by Bulurru for an additional three years.

During the legal battle, Justice Davies found that Bulurru sought designs from a firm called ‘Think Positive’, which then produced five new designs. Mr. Oliver claimed these designs infringed his copyright, while Bulurru argued that their renewal option was valid.

Justice Davies ruled:
"There is such similarity between the new designs and Mr. Oliver’s designs that I have no doubt that the designer of Bulurru’s designs had before him either a copy of Mr. Oliver’s designs or photographs thereof."


⚖ The Verdict & Next Steps

🔹 Lawyers for Dale Oliver were given one week to address the issue of damages or an account of profits and costs.
🔹 Bulurru’s legal team was granted an additional week to respond.

This case remains a landmark victory for Indigenous artists, reinforcing the importance of protecting Aboriginal artwork from commercial exploitation. ✊🎨



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