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Infopaq International A/S v Danske Dagblades Forening

[2009] ECJ 17

Case summary last updated at 29/01/2020 15:46 by the Oxbridge Notes in-house law team.

Judgement for the case Infopaq International A/S v Danske Dagblades Forening

 D ran media analysis business. This involved “scraping” of newspaper articles, whereby employees would scan newspapers and other periodicals into computer; computer would then convert articles into text formats, and scan them for the occurrence of a particular word indicated by customers. At end of process, a cover sheet would be printed out showing a summary of all of the occurrences of that word in the publications. Issue was whetherthese actions constituted ‘reproduction’ as per Infosoc Directive 2001Article 2(a). Held:
 
·        Protection against reproduction in Article 2(a) must be given broad meaning.
·        Thus for purposes of Art 2(a), copyright applies in relation to subject matter that is original in sense that it is author’s own intellectual creation.
 
·        Words alone do not constitute a ‘work’
Ø  is only through choice, sequence and combination of those words that author achieves result that is an intellectual creation.
·        However given that protection is ‘broad’, isolated sentences or even parts of sentences may constitute an intellectual creation.
·        Storing an 11 word extract of a longer work constitutes ‘reproduction’ if the elements reproduced can be classified as an intellectual creation.

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