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Newspaper Licensing Authority v Meltwater [2011] EWCA Civ 890

Country:
United Kingdom
  • Defendant was a media monitoring organisation. Its customers would give Defendant a search term, and Defendant would allow website users to access the headline, opening text and an extract from articles matching their search terms.

  • Claimant, a company managing intellectual property right of various newspapers, claimed this was breach of copyright.

  • One issue was whether headlines could constitute independent literary works.

Held

  • Infopaq test followed.

  • Therefore in principle, originality is “the only real test”

  • Headlines are capable of being an independent literary works in their own right.

    • I.e. provided they are the expression of the intellectual creation of author

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