05 March 2006

Copyright: Case Note on Desktop Marketing Systems Pty Ltd v Telstra Corporation Limited uploaded

I have just revised and uploaded a case note on Desktop Marketing Systems Pty Ltd v Telstra Corporation Limited [2002] FCAFC 112 (15 May 2002) which I first wrote in Nov 2002. It is an important case on originality generally though not directly applicable to the UK since s.3A (2) of the Copyright, Designs and Patents Act 1988 inserted by reg. 6 of The Copyright and Rights in Databases Regulations 1997 provides as follows:
"For the purposes of this Part a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database the database constitutes the author's own intellectual creation."

The case addresses what constitutes a "substantial part" in copyright law though I did not discuss that in the case note.

1 comment:

Not my real name said...

Don't forget our own test of substantial part was decided by the High Court (our superior Court) in the Panel case -

http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/2004/14.html?query=panel+and+channel+nine

As I understand, our test is a touch different to yours.

Cheers and great content as always.