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.
Infopaq test followed.
Therefore in principle, originality is βthe only real testβ
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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