Originality, joint authorship and databases post-IceTV

Research output: Contribution to journalArticleResearchpeer-review

Abstract

In IceTV the High Court effectively substituted the "intellectual activity" test for the old "sweat of the brow" approach to originality, abandoning the "industrious collection" test for compilation copyright. The Court also recast the requirements for subsistence of copyright in a work of joint authorship.
It will take some time for the decision's implications for the full range of copyright materials to become apparent. For instance, the courts have yet to consider in depth its effect on copyright subsistence in design drawings and articles.
But its impact in the area of databases and computer generated material has already been felt. Some years prior to IceTV, the Full Court in Desktop Marketing had held that copyright subsists in white pages of a telephone directory. However, post-IceTV the Federal Court reversed that finding in Phone Directories.
Original languageEnglish
Pages (from-to)150-155
Number of pages6
JournalAustralian Intellectual Property Law Bulletin
Volume24
Issue number6
Publication statusPublished - 2011

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Originality, joint authorship and databases post-IceTV. / Van Caenegem, William.

In: Australian Intellectual Property Law Bulletin, Vol. 24, No. 6, 2011, p. 150-155.

Research output: Contribution to journalArticleResearchpeer-review

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N2 - In IceTV the High Court effectively substituted the "intellectual activity" test for the old "sweat of the brow" approach to originality, abandoning the "industrious collection" test for compilation copyright. The Court also recast the requirements for subsistence of copyright in a work of joint authorship.It will take some time for the decision's implications for the full range of copyright materials to become apparent. For instance, the courts have yet to consider in depth its effect on copyright subsistence in design drawings and articles.But its impact in the area of databases and computer generated material has already been felt. Some years prior to IceTV, the Full Court in Desktop Marketing had held that copyright subsists in white pages of a telephone directory. However, post-IceTV the Federal Court reversed that finding in Phone Directories.

AB - In IceTV the High Court effectively substituted the "intellectual activity" test for the old "sweat of the brow" approach to originality, abandoning the "industrious collection" test for compilation copyright. The Court also recast the requirements for subsistence of copyright in a work of joint authorship.It will take some time for the decision's implications for the full range of copyright materials to become apparent. For instance, the courts have yet to consider in depth its effect on copyright subsistence in design drawings and articles.But its impact in the area of databases and computer generated material has already been felt. Some years prior to IceTV, the Full Court in Desktop Marketing had held that copyright subsists in white pages of a telephone directory. However, post-IceTV the Federal Court reversed that finding in Phone Directories.

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JO - Australian Intellectual Property Law Bulletin

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