Newspaper Publishers’ Web Content Protected by Copyright Law - NLA v Meltwater

This significant case - NLA v Meltwater (Neutral Citation Number: [2010] EWHC 3099 (Ch)) confirms that copyright can subsist in a newspaper headline.  It also confirms that a user that pays for a web monitoring service requires a licence from the newspaper or the NLA (the Newspaper Licensing Agency) in order to click on a link to an article on the newspaper’s website or to receive text extracts taken from an article. The judge had to consider whether the headlines that were reproduced could be literary works in their own right and whether by clicking on the link to the article without licence to do so a user was infringing copyright.  The court held that Meltwater and the end users were all copying material belonging to the newspapers and that this copying was not subject to any of the exceptions contained in the Copyright, Designs and Patents Act 1988 (CDPA).  Copyright infringement, therefore, was taking place if recipients did not have a licence.  Since 1 Jan 2010 the NLA have provided a Web End-User Licence (WEUL) for this purpose.  The full text of the judgment is available on the BAILII website at - http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2010/3099.html&query=newspaper+and+licensing+and+agency&method=boolean. Further commentary on the decision in available on the OUT-LAW website at - http://www.out-law.com/page-11601.

Posted on 02/12/2010

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