All change for the Digital Economy? Some observations from the history of copyright
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Seminar: 21 May 2009: High Court decision in IceTV v Nine Network
On 22 April 2009, the High Court allowed the appeal in IceTV v Nine Network.
Nine Network claimed that its weekly television program schedules were protected by copyright as compilations and that IceTV had reproduced a substantial part of the schedules in its own electronic program guide, the IceGuide.
The High Court, overturning the decision of the Full Federal Court, held that any reproduction of the time and title information in the IceGuides was not a reproduction of a substantial part of any of Nine’s Weekly Schedules (or the Nine database).
Because IceTV had accepted that copyright subsisted in the Weekly Guides, their Honours declined to make any findings about the requirements for originality in copyright works, but said that there was a "need to treat with some caution the emphasis in Desktop Marketing v Telstra upon "labour and expense" per se and upon misappropriation".
Speakers
- Ron Webb SC
- Professor Mark Davison, Law School, Monash University
When: 21 May 2009
Powerpoint slides:
More
- High Court decision in IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14
- Full Federal Court decision in Desktop Marketing v Telstra
- interview with Mark Davison on The Law Report on Radio National on 5 May 2009