High Court Decision Thaws Copyright Protection For Data Compilations

Article by Marie Wong and Marianne Saba

In a landmark copyright case,¹ the High Court unanimously held that IceTV did not infringe copyright by reproducing individual items of time and title information from Nine Network's weekly television schedules. The decision signals a shift away from the "sweat of the brow" protection previously afforded to data compilations in Australia, reinforcing that copyright protects expression of information and not the information itself.

Background facts

IceTV was using time and title information from Nine Network's weekly broadcasting schedules to assist in producing an electronic programme guide for use on digital televisions, known as the "IceGuide". IceTV took independent steps to compile the initial information to be included in the IceGuide, but used Nine's time and title information to cross-check its final guide for accuracy and, if necessary, amend the IceGuide.