High Court Casts Doubt On Subsistence Of Copyright In Compilations

Since the decision of the Full Federal Court in Desktop Marketing Systems Pty Ltd v Telstra Corporation Ltd (2002) 55 IPR 1, a compilation of factual information has been considered to ordinarily be an original literary work for copyright purposes if the compiler has undertaken substantial labour or incurred substantial expense in collecting the information recorded in the compilation.¹

This "sweat of the brow" principle entitled Telstra in the Desktop Marketing Systems case to copyright protection in its telephone directory compilations. Interestingly, the High Court rejected an application to appeal that decision on 20 June 2003.

This meant that compilations such as telephone directories, television programming schedules, sporting fixtures, transport timetables and the like were considered to be protected by copyright so long as substantial labour and expense (which exceeds a minimum threshold) was expended in collecting the information, without the need for