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Selected cases

Federal Court of Australia · [2026] FCA 173

McCallum v Projector Films

A Federal Court creative-business case about documentary credits, moral rights, contract attribution and misleading conduct.

Federal Court of Australia27 Feb 2026

Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.

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Quick read

  • Creative businesses should be careful with credit clauses and moral rights consents.
  • A Federal Court creative-business case about documentary credits, moral rights, contract attribution and misleading conduct.

Use this to check

  • Creative credit disputes can become copyright, contract and misleading conduct disputes at once.
  • Moral rights consent should be specific rather than hidden in broad waiver language.
  • Public credit platforms and promotional materials can become evidence.

Decision snapshot

  1. 1

    What happened

    • Stephen McCallum sued Projector Films Pty Ltd and David Ngo in a dispute about the documentary film Clean.
    • The case concerned who was entitled to be attributed and credited as director or principal director, including credits on IMDb, promotional materials and other materials.
    • Mr McCallum brought moral rights claims under the Copyright Act, contractual attribution claims, unpaid fee claims and misleading or deceptive conduct claims.
    • The respondents cross-claimed, including allegations about contract performance and statements about directorship.
  2. 2

    What the court had to decide

    • The Court considered moral rights under Part IX of the Copyright Act, the meaning of director and principal director for a cinematograph film, whether moral rights can be generally waived or consented to by contract, contractual attribution clauses, unpaid fee claims and misleading or deceptive conduct allegations.
  3. 3

    What the court decided

    • The Federal Court delivered liability reasons and ordered the parties to confer on orders giving effect to the reasons or on steps toward a further hearing about relief, remedies and costs.
    • The judgment made detailed findings on moral rights, contractual attribution and misleading conduct issues rather than finally setting all remedies in the same order.

Practical impact

Practical read

  • Creative businesses should be careful with credit clauses and moral rights consents.
  • A broad contract waiver may not solve attribution risk if the project later fights about who should be credited as director or principal creator.

Useful next steps

  • Creative credit disputes can become copyright, contract and misleading conduct disputes at once.
  • Moral rights consent should be specific rather than hidden in broad waiver language.
  • Public credit platforms and promotional materials can become evidence.
  • Contracts should deal with role changes, attribution, credits and approval rights before production starts.
  • Define director, producer, creator and credit roles in the contract before work starts.

Practical read

This is a rich creative-business case. It is not just about a film credit. It is about how contracts, credits, authorship, moral rights, public databases and promotional claims can collide when a creative relationship breaks down.

The Court had to work through who did what on the documentary, what the contracts said, what the Copyright Act means by director and principal director, whether a broad waiver can operate as consent to moral rights infringement, and whether attribution statements were misleading. The Court directed the parties to prepare orders or progress to a remedies hearing after the liability reasons.

For production companies, agencies, founders and creatives, the practical lesson is to write credit and moral-rights clauses with precision. If the project has multiple creative leads, the contract should say who gets which credit, what happens if roles change, who can update IMDb or public listings, and what specific moral-rights consents are being given. Generic waiver language may leave too much room for a fight.

Checks to run

Key points

  • Define director, producer, creator and credit roles in the contract before work starts.
  • Use specific moral-rights consent language tied to identified acts and uses.
  • Control who can update IMDb, websites, press kits and other public credit listings.
  • Record role changes and creative decisions during production.
  • Resolve attribution disputes before launch materials are published.

Key takeaways

  • Creative credit disputes can become copyright, contract and misleading conduct disputes at once.
  • Moral rights consent should be specific rather than hidden in broad waiver language.
  • Public credit platforms and promotional materials can become evidence.
  • Contracts should deal with role changes, attribution, credits and approval rights before production starts.

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