Inspire December 2021
8 Hardingham
v RP Data appeal:
The risks of
implied copyright
licences In Hardingham v RP Data 1 ,
Thawley J held that RP Data was
not liable for infringing copyright
in various photos and floor plans
reproduced on its website. However,
on appeal 2 , a majority of the Full
Court reversed this decision, and
in doing so, highlighted the risk
in relying upon implied terms of
informal agreements.

1 2
Hardingham v RP Data Pty Limited [2019] FCA 2075
Hardingham v RP Data Pty Limited [2021] FCAFC 148