IceTV The New Law of Copyright in Australia

IceTV The new law of copyright in Australia Warwick A Rothnie Barrister Victorian Society of Computers & Law 13 July 2009 http://ipwars.com

Nine’s Weekly Schedule http://ipwars.com

Classiﬁcation Paper Programming Grid Synopsis Master Paper Grid Catalogue No. Marketing Excel Spreadsheet 9 database Weekly Schedule Aggregated Guides Aggregators - 4 weeks - 17 to 14 days - 10 days http://ipwars.com

http://ipwars.com

Leslie v J.Young & Sons GA Cramp & Sons Ltd v Frank Smythson Ltd Victoria Park Racing v Taylor 3 12 4 http://ipwars.com

‘compilation’ added to 1911 Act Spicer Committee 1959 ... Desktop (2001) 55 IPR 1 at [439] http://ipwars.com

It has been held that copyright may exist in various compilations such as an alphabetical list of railway stations, a list of fox-hounds and hunting dogs and lists of stock exchange prices and football ﬁxtures. .... We think that the law in this regard should not be changed. [77] http://ipwars.com

... the originality in Telstra's compilations lies in the labour and expense involved in compiling the information, ... Desktop had taken a substantial part of each of Telstra's copyright works. It is not to the point that Desktop may not have adopted Telstra's mode of presentation .... Desktop at [439] http://ipwars.com

Meanwhile: • Feist v Rural Telephone Service (1991 - USA) • Tele-Direct v American Business Information (1997 - Canada) • Directive 96/9/EC on the Legal Protection of Databases • compilation other than a database (1997 - UK) http://ipwars.com

... the skill and labour in selecting and arranging programming should not be regarded as separate and discrete from the extremely modest skill and labour involved in setting down on paper the programs already selected and presenting them in the form of the Weekly Schedules. ... were part of a single process .... [128] http://ipwars.com

Any reproduction of the time and title information in the IceGuide was not a reproduction of a substantial part of any of the Weekly Schedules (or the Nine Database). [56], [185] (+ [123]) http://ipwars.com

2 http://ipwars.com

Weekly Schedules as a composite whole are original • selection and presentation of time and title + additional program info and synopses [152] • orderly arrangement of elements ... choices were made about what programs were included [41] http://ipwars.com

Copyright does not protect facts or information. Copyright protects the particular form of expression of the information, namely the words, ﬁgures and symbols in which the pieces of information are expressed, and the selection and arrangement of that information. ... crucial part of the balance ... [28], [102] http://ipwars.com

one has to show – what is taken is a substantial part of the whole copyright work [52], [169] http://ipwars.com

skill and labour in program selection – ‘preparatory’ skill and labour – was not relevant [52 -54], [167, 125 - 128] http://ipwars.com

No – extremely modest – skill and labour in setting down the time and title information in chronological order: ... http://ipwars.com

• baldly stated matters of fact/intention are inseparable from/co-extensive with their expression [170] [54] see [42] - [43] • no animus furandi [171] – [184] http://ipwars.com

Milwell v Olympic (1999) 43 IPR 32 http://ipwars.com

Footnote 21 (66) http://ipwars.com

Some other thoughts • Balance / competition concerns • Signiﬁcance of 2 judgments - subsistence if originates? [33], [48] - not substantial just because originates [37] - [38] http://ipwars.com

Classiﬁcation Synopsis Catalogue No. Marketing 9 database Weekly Schedule Aggregated Guides Aggregators [23] vs [95] - [106], [150] - [152] http://ipwars.com

Team Sheet Ponting 1 Clarke 2 Katich 3 Hughes 4 Hussey 5 North 6 Haddin 7 Hauritz 8 Hilfenhaus 9 Siddle 10 Johnson 11 Lee 12 http://ipwars.com

One final point ... 187. ... this Court [should], to the contrary of Desktop Marketing, affirm that there must be “creative spark” or exercise of “skill and judgment” before a work is sufficiently “original” for the subsistence of copyright. http://ipwars.com

It is by no means apparent that the law even before the 1911 Act was to any different effect to that for which the Digital Alliance contends. Desktop Marketing ... out of line with the understanding of copyright law over many years. ? Desktop ‘labour and expense’ per se However .... [188] http://ipwars.com

http://ipwars.com

http://ipwars.com	93
http://ipwars.com:80	1
http://www.lmodules.com	1
http://www.linkedin.com	1

IceTV The New Law of Copyright in Australia

by Warwick Rothnie

Accessibility

Categories

Upload Details

Usage Rights

4 Embeds 96

Statistics