The following IP guidance note provides comprehensive and up to date legal information covering:
This Practice Note assumes knowledge of, and should be read in conjunction with, the following Practice Notes:
Copyright—subsistence and qualification
Linking on the web
It is likely to be of use to those advising those in the publishing industry and those who offer news aggregation services dealing with dissemination of online information.
Copyright allows the copyright owner to stop others from performing certain acts in relation to the copyright work. Internet-based news aggregation and the hyperlinking of news is big business today.
When considering the online dissemination of information, the main issues to consider about that information are:
whether there is copyright protection
whether there is copyright infringement
whether any copyright infringement exceptions apply
the position on consent to reproduce material or in respect of other infringing acts
Original material is protected by copyright. Extracts and phrases may be protected unless the amount of skill, labour and judgement involved in their composition is too small. For a more in-depth analysis of originality see Practice Note: Copyright—subsistence and qualification.
Infopaq International v Danske Dagblades Forening was the first Court of Justice of the European Union (CJEU) case to provide an impact on the law in this area of online dissemination of snippets of news information.
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