+ Ice TV Case

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IceTV Pty Limited -v- Nine Network Australia Pty Limited [2009] HCA 14

Nine alleged that each of its Weekly Schedules was a 'compilation' and therefore 'a literary work' within the meaning of s10(1) Copyright Act 1968. Nine alleged that it was the owner of that copyright and that IceTV infringed that copyright by taking part of the time and title information from 'Aggregated Guides' and including it in the 'Ice Guide' because this constituted a reproduction in a material form of a 'substantial part of the copyright work' within the meaning of s14(1)(b) of the Act.

The question raised by the appeal was whether Nine could obtain relief for copyright infringement arising from the reproduction of individual items of information, being part of the time and title information, in respect of various programs contained in Nine’s Weekly Schedules.

His Honours French CJ, and Kiefel JJ said:

1. Whether a selection or arrangement of elements constitutes a substantial part of a work depends on the originality of that selection or arrangement.
2. The expression of time and title information of each program was not a form of expression which requires a particular mental effort or exertion. The way the information can be conveyed is very limited. The authors of the Weekly Schedule had little, if any, choice in the particular form of time and title expression adopted as that expression was essentially dictated by the nature of the information. Accordingly that expression lacked the requisite originality for the part reproduced to constitute a substantial part.
3. As the time and title information in the Weekly Schedule alleged to have been reproduced was not a substantial part, copyright was not infringed.

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