David Henderson of Hendersons Legal is the principal solicitor for The Game Meats Company of Australia Pty Ltd (“Game Meats”) in an appeal heard by the High Court of Australia in Canberra on 5 May 2026.
Farm Transparency International Limited (“Farm Transparency”) brought the appeal after the Full Federal Court held, in August 2025, that the animal activists held the copyright in covert, illegally obtained surveillance footage of commercial agribusiness operations on constructive trust for the owners of the property.
What the Full Federal Court decided
The case raises significant issues: copyright, constructive trusts, injunctions and damages. The orders below did more than stop Farm Transparency from publishing the footage. They required the deletion of all film and photographs of the business Game Meats conducts on its premises. Importantly, the Full Federal Court held that the film and photographs taken by Farm Transparency were held on trust for Game Meats. That sits in contrast to the Copyright Act 1968 (Cth), which otherwise reserves those rights for the person who makes the film or takes the photographs.
Why this matters for agribusiness
Unlawful, covert trespass by animal activists onto private and commercial property, as happened here to capture footage and take photographs, is becoming more common. Because these activities are illegal, and pending the High Court’s final decision, the litigation has produced new law on who owns the copyright in the resulting film and photographs. For our agribusiness and farming lawyers and our commercial litigation team, it is a question with real consequences for how landholders protect their operations.
What happens next
We are now waiting for the High Court to hand down its final decision on these copyright and property rights issues.
If your agribusiness or commercial enterprise faces similar activist trespass or copyright concerns, contact David Henderson and the litigation team at Hendersons Legal in Melbourne on (03) 9629 2211 or through our enquiry form.
This article is general information only and not legal advice. For advice about your situation, contact Hendersons Legal on (03) 9629 2211 or via our enquiry form.
