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Intellectual Property Law

Selected Works

SelectedWorks

2008

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Full-Text Articles in Law

Compilation Copyright: A Matter Calling For ‘A Certain ... Sobriety’, Justine Pila Jan 2008

Compilation Copyright: A Matter Calling For ‘A Certain ... Sobriety’, Justine Pila

Justine Pila

In this article I review the UK and Australian law of compilation copyright in the light particularly of the Australian Full Federal Court's decisions in Desktop Marketing Systems (2002) and IceTV (2008). I criticize the Court's approach in those cases to the issues of both subsistence and infringement, while also offering a measured defense of the first instance decision in IceTV. In particular, I suggest that decision is largely right, and reflects an important attempt by a Judge to reorient copyright around its works, and resist the past temptation of courts - including the Full Federal Court itself - to …