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ARTICLE · 16 DECEMBER 2010

Telstra copyright decision to affect owners and users of directories, databases and listings

DLA Piper Australia
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The Full Federal Court of Australia has rejected Telstra’s appeal that copyright subsists in its valuable yellow and white pages directories. For owners of directories, compilations and databases, this decision confirms it is difficult to rely on copyright for protection, meaning new strategies are required to protect valuable information works. We recommend owners review their copyright protection measures and seek clarity and advice on new IP protection, commercialisation and enforcement strat

AustraliaIntellectual Property
Joshua Henderson
Joshua Henderson
Scott Buchanan
Scott Buchanan

The Full Federal Court of Australia has rejected Telstra's appeal1 that copyright subsists in its valuable yellow and white pages directories.

For owners of directories, compilations and databases, this decision confirms it is difficult to rely on copyright for protection, meaning new strategies are required to protect valuable information works. We recommend owners review their copyright protection measures and seek clarity and advice on new IP protection, commercialisation and enforcement strategies.

Users now have greater access and rights to use these directories, compilations and databases, opening up new opportunities for IT developers. For example, developers of iPhone applications are now free to use the information/data from timetables, directories and other data listings to develop their products (not the software or layout - unless not original).

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