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ARTICLE · 17 SEPTEMBER 2008

Australia - Copyright In Databases/Compilations – The Ice Case – Is Any Use Of Information In A Database Subject To Copyright Permitted?

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In May 2008, the Full Federal Court of Australia upheld an appeal by Nine Network Australia Pty Limited ("<strong>Nine</strong>"), finding that Ice Pty Limited ("Ice") had infringed the copyright in Nine's television program schedules.

AustraliaIntellectual Property
Ashleigh Fehrenbach
Ashleigh Fehrenbach

Overview

In May 2008, the Full Federal Court of Australia upheld an appeal by Nine Network Australia Pty Limited ("Nine"), finding that Ice Pty Limited ("Ice") had infringed the copyright in Nine's television program schedules. The Full Federal Court held that Ice infringed Nine's compilation copyright by substantially reproducing Nine's program titles and times in Ice's subscription-based electronic program guide ("EPG") for television.

This decision has ramifications for persons seeking to use information that is contained in a compilation, including a schedule or timetable, in which another party holds the copyright. In particular, a number of significant issues arise following the decision of the Full Federal Court, including:

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