Headlines and hyperlinks: UK copyright law post-Infopaq: Newspaper Licensing Agency Ltd and Others v Meltwater Holding BV and other companies

McDonagh, Luke 2011. Headlines and hyperlinks: UK copyright law post-Infopaq: Newspaper Licensing Agency Ltd and Others v Meltwater Holding BV and other companies. Queen Mary Journal of Intellectual Property 1 (2) , pp. 184-187. 10.4337/qmjip.2011.02.05

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Abstract

At the time of the decision of the European Court of Justice in Infopaq , copyright scholars wondered what the eventual impact of the decision would be on UK law under the Copyright, Designs and Patents Act 1988 (CDPA). With the decision of the High Court in Newspaper Licensing Agency v Meltwater, we have the first indication of how the decision in Infopaq has the potential to influence decisions of the UK courts. In this regard, the relevant points articulated in Infopaq must be recalled before the present case is examined. These points are as follows: First, the originality standard for subsistence of all works is based around the idea of the author’s ‘intellectual creation’. Secondly, even an extract of 11 words could amount to an example of copyright infringement, if these 11 words are a reflection of the intellectual creation of the author. Thirdly, the European Court of Justice stressed that the ‘exceptions’ to copyright, as contained in the Information Society directive, must be interpreted narrowly. This case review examines Meltwater in light of these three crucial elements.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > KD England and Wales
Additional Information:	Pdf uploaded in accordance with the publisher’s policy at http://www.sherpa.ac.uk/romeo/search.php(accessed 03/07/2014)
Publisher:	Edward Elgar
ISSN:	2045-9815
Date of First Compliant Deposit:	30 March 2016
Last Modified:	14 Nov 2024 15:45
URI:	https://orca.cardiff.ac.uk/id/eprint/60867

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