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ARTICLE · 23 SEPTEMBER 2011

High Court shoots down Telstra’s copyright claim

A brief discussion on the recent High Court Case concerning Telstra's copyright claim.

AustraliaIntellectual Property

Everyone knows the White Pages and the Yellow Pages. It's where our fingers do the walking. Telstra's phone directories have been a significant part of its business for a very long time.

It's understandable that Telstra went all the way to the High Court to protect its rights in its phone directories. It was big news when the High Court refused Telstra's special leave application last week. The case looked at whether copyright subsisted in the phone directories, and as a consequence whether Telstra could stop people reproducing them. It didn't and they couldn't. The decision is a blow for any business that deals with computer generated compilations.

Copyright subsists in 'original works'. By 'work' we're talking about music, artwork, films, writing, performances and software. By 'original' we're talking about something that's distinct and that's required the application of some independent intellectual effort to make it. In this case the issue was whether the

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