The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members web-sites. The defendant denied that it required such a licence, saying that the arrangement required, in effect, double licensing.
Judges:
Sir Andrew Morritt Ch, Jackson, Elias LJJ
Citations:
[2011] EWCA Civ 890, [2012] RPC 1, [2012] Bus LR 53
Links:
Statutes:
Copyright Designs and Patents Act 1988 16 17 18 28A, Copyright and Rights in Databases Regulations 1997, Database Directive 96/9/EC
Jurisdiction:
England and Wales
Citing:
Cited – University of London Press Ltd v University Tutorial Press Ltd ChD 1916
In a copyright claim, the test of originality which had to be passed was set out by Peterson J, saying: ‘The word ‘original’ does not in this connection mean that the work must be the expression of original or inventive thought. Copyright Acts are . .
Cited – Ladbroke (Football) Ltd v William Hill (Football) Ltd HL 1964
What is substantial copying
The plaintiff alleged copying of their football pools coupons and copyright infringement. The issues were as to the extent of copying required to establish infringement, and whether it was proper to look at the several parts of the work separately. . .
Appeal from – The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others ChD 26-Nov-2010
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they . .
Cited – Lamb v Evans CA 1893
The plaintiff printed and published a multi-lingual European trade directory, engaging the defendants as commission agents to solicit paid entries for the directory. The businessmen could, if they wished, supply wood blocks or other materials from . .
Cited – Dicks v Yates ChD 1881
A newspaper headline may enjoy copyright protection. . .
Cited – Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd 7-Sep-2010
fairfax_ibaFCA2010
Austlii (Federal Court of Australia)
COPYRIGHT – respondent reproduces headlines and creates abstracts of articles in the applicant’s newspaper – whether reproduction of headlines constitutes copyright . .
Cited – Infopaq International v Danske Dagblades Forening ECJ 17-Jul-2009
ECJ Copyright Information society – Directive 2001/29/EC Articles 2 and 5 – Literary and artistic works – Concept of ‘reproduction’ Reproduction ‘in part’ Reproduction of short extracts of literary works – . .
Cited – Francis Day and Hunter Limited v 20th Century Fox Corporation Limited PC 12-Oct-1939
(Ontario) Copyright protection was asserted on in connection with the title to a film (‘The Man Who Broke the Bank at Monte Carlo’).
Held: It was not a literary work capable of attracting copyright protection. As a rule, such titles do not . .
Cited – Exxon Corp v Exxon Insurance Consultants International Ltd CA 1982
Single letter commands used within a computer program, and those with longer names, even if clearly recorded in the source code, are unlikely to be entitled to a copyright. . .
Applied – Infopaq International v Danske Dagblades Forening ECJ 12-Feb-2009
ECJ (Opinion) Directive 2001/29 – Articles 2 and 5 – Harmonisation of certain aspects of copyright and related rights in the information society – Reproduction right – Exceptions and limitations – Temporary acts . .
Cited – Walter v Lane HL 6-Aug-1900
Reporter of Public Speech Owns Copyright I
A reporter attended a speech by Lord Rosebery. His report of the speech was republished in the Times after another journalist who had not been present published a verbatim copy. He claimed a copyright in the work he produced.
Held: The first . .
Cited by:
Appeal from – Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and Others SC 17-Apr-2013
The agency alleged copyright infringement by the members of the appellant association who were licensed to copy newspaper articles for its members as part of its news monitoring service.
Held: It was necessary to refer to the European Court of . .
Cited – Sheeran and Others v Chokri and Others ChD 6-Apr-2022
Insufficient Evidence to say Song was Copied
S sought a declaration that he had not copied the defendant’s song with his own. The court examined the musical details of both songs.
Held: The song was not copied. The defendant had not shown that the claimant knew anything of the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 07 April 2022; Ref: scu.442235