Walter v Lane [1900] AC 539

• An Earl gave public speeches on 5 occasions. Reporter from newspaper took down speeches in shorthand and later transcribed them.

• Defendant published book which included Earl’s speeches taken mainly from the reports published in newspaper.

• Newspaper brought action for breach of copyright.

Held

• Copyright has nothing to do with or literary/artistic merits of the author.

  • Copyright simply requires that A shall not avail himself of B’s skill, labour and expense by copying the end product.

• To be ‘author’, written work in question must have necessitated more than mere skill of knowing how to write.

  • I.e. must require intellectual skill.

• Production of report required more than mere act of writing; e.g.:

  • Ability to write shorthand

  • Subsequent transcribing, with punctuation and revisions added

  • Memory and judgment of reporter

• Thus on facts, reporters for paper were authors.