Telstra Corporation Limited v Desktop Marketing Systems Pty Ltd [2001] FCA 612

Telstra Corporation Limited v Desktop Marketing Systems Pty Ltd [2001] FCA 612

The court held that copyright subsists in Telstra's white pages directories, yellow pages directories, and headings books, as they are original compilations under Australian law, which recognises both intellectual effort and sufficient labour or expense in gathering factual data ('industrious collection') as bases for originality. The directories, considered as a whole, involve sufficient skill and effort, and DtMS admitted copying and reproducing a substantial part in their CD-ROM products. Thus, DtMS infringed Telstra's copyright.

Jurisdiction
Australia
Judgment Date
25 May 2001
Procedural Posture
Original Proceeding (including Cross Claim) / Trial Judgment
Outcome
Judgment for the applicant (Telstra); respondents found to have infringed copyright.
Legal Topics
['copyright' 'originality in Compilations' 'telephone Directories' 'copyright Infringement' 'cd Rom/digital Reproduction']
['intellectual Property'] ['copyright' 'originality in Compilations' 'telephone Directories' 'copyright Infringement' 'cd Rom/digital Reproduction']

Case Brief

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Procedural Posture

Original Proceeding (including Cross Claim) / Trial Judgment

Legal Issues

  1. 1 ['Whether copyright subsists in telephone directories and headings books published by Telstra' "Whether such directories and books are 'original' literary works under the Copyright Act 1968 (Cth)" "Whether DtMS has infringed Telstra's copyright by reproducing a substantial part of the works on CD-ROM products"]

Ratio Decidendi

The court held that copyright subsists in Telstra's white pages directories, yellow pages directories, and headings books, as they are original compilations under Australian law, which recognises both intellectual effort and sufficient labour or expense in gathering factual data ('industrious collection') as bases for originality. The directories, considered as a whole, involve sufficient skill and effort, and DtMS admitted copying and reproducing a substantial part in their CD-ROM products. Thus, DtMS infringed Telstra's copyright.

Court Disposition

Judgment for the applicant (Telstra); respondents found to have infringed copyright.

Orders

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