Headlines Not Copyright-protected Rules Australian Court

Australia's Federal Court has ruled that there is no copyright in newspaper headlines.  Headlines generally are, like titles, simply too insubstantial and too short to qualify for copyright protection as literary works.  This was the decision in the Australian case of Fairfax Media Publications v Reed International Books (Fairfax v Reed [2010] FCA 984).  The Court noted that the headline is meta-information about the work (the article itself), not part of the work.  The decision, although not binding in the UK, re-enforces the long-standing view of copyright law that there is no copyright protection for de minimis works, such as words, titles and advertising slogans.  If a similar interpretation is applied in the UK then this means that those, including FE and HE institutions, that abstract and summarise the works of others can continue to use the title or headline of the original source when citing the original source.  Further details of the case can be found on the OUT-LAW website at - http://www.out-law.com/page-11378

Posted on 22/09/2010

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