High Court of Australia

IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14

239 CLR 458; 83 ALJR 585; 254 ALR 386

22 Apr 2009

Case Number: S415/2008

Before

French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel JJ

Catchwords

Intellectual property – Copyright – Literary work – Compilation – Infringement – Production by employees of Nine Network Australia Pty Limited ("Nine") of weekly schedules of television programmes to be broadcast on television stations within Nine Network ("Weekly Schedules") – Information from Weekly Schedules used by third parties, with licence from Nine, to produce "Aggregated Guides" containing programme schedules for various television stations – Production by employees of IceTV Pty Limited of electronic programme guide for television using information from Aggregated Guides – Subsistence of copyright in each Weekly Schedule admitted – Alleged infringement of copyright by reproduction of substantial part of Weekly Schedules – Whether reproduction of "substantial part" – Quality of part reproduced – Originality – Information/expression dichotomy – Appropriation of "skill and labour" – Relevance of skill and labour devoted to programming decisions – Relevance of competing interests and policy considerations – Animus furandi.

Intellectual property – Copyright – Literary work – Compilation – Subsistence – Need to identify author, and time of making or first publication, of work – Originality – Kind of skill and labour required – "Sweat of the brow" and "industrious collection" compared with "creativity".

Intellectual property – Copyright – Literary work – Compilation – Subsistence – Weekly Schedules produced using computer database – Whether database also work in suit – Whether Weekly Schedules same work.

Words and phrases – "animus furandi", "author", "compilation", "information/expression dichotomy", "originality", "skill and labour", "substantial part".

Copyright Act 1968 (Cth) – ss 9(3), 10(1), 14(1), 21, 22, 29, 31, 32, 33, 34, 35, 36, Pt III Div 9, Pt III.

Copyright Act 1911 (Imp) – ss 1(1), 35(1).

Copyright – Designs and Patents Act 1988 (UK), s 9(3).

Copyright Act 1976 – 17 USC §§101, 102.

Copyright Act RSC 1985 – ch C-42, s 2.
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