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Newspaper Licensing Authority v Meltwater

[2011] EWCA Civ 890

Case summary last updated at 28/01/2020 18:04 by the Oxbridge Notes in-house law team.

Judgement for the case Newspaper Licensing Authority v Meltwater

D was a media monitoring organisation. Its customers would give D a search term, and D would allow website users to access the headline, opening text and an extract from articles matching their search terms. C, 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: 
·        Infopaqtest followed.
·        Therefore in principle, originality is “the only real test”
·        Headlines are capable of being an independent literary works in their own right.
Ø  i.e. provided they are the expression of the intellectual creation of author

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