An Earl gave public speeches on 5 occasions. Reporter from newspaper took down speeches in shorthand and later transcribed them. D published book which included Earl’s speeches taken mainly from the reports published in newspaper. Newspaper brought action for breach of copyright.
· Copyright has nothing to do with or literary/artistic merits of the author.
Ø 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.
Ø i.e. must require intellectual skill.
· Production of report required more than mere act of writing; e.g.:
Ø ability to write shorthand
Ø subsequent transcribing, with punctuation and revisions added
Ø memory and judgment of reporter
· Thus on facts, reporters for paper were authors.