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