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Survey evidence not enough to make APP STORE distinguishable.

In Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Limited [2010] FCA 984, the Federal Court held that newspaper headlines are not substantial enough to qualify for copyright protection and that even if they are, their reproduction by news aggregating services, including where the reproduction is part of a commercial enterprise in competition with the original publisher, would be protected under the defence of fair dealing.