The Newspaper Licensing Agency Ltd & Ors v Meltwater Holding BV & Ors

The Newspaper Licensing Agency Ltd & Ors v Meltwater Holding BV & Ors

End-users of Meltwater News, in most if not all cases, require a licence from the NLA or Publishers to lawfully receive and use the service because the headlines and extracts are original literary works or substantial parts thereof, and the acts of copying by end-users are not covered by statutory exceptions or fair dealing. Licensing the service provider does not suffice to authorise end-user acts, and double licensing does not arise as the acts are distinct.

Parties
Claimant / Respondent: The Newspaper Licensing Agency Limited; Claimant / Respondent: MGN Limited; Claimant / Respondent: Associated Newspapers Limited; Claimant / Respondent: Express Newspapers; Claimant / Respondent: Guardian News and Media Limited; Claimant / Respondent: Telegraph Media Group Limited; Claimant / Respondent: Independent Print Limited; Defendant / Appellant: Meltwater Holding BV; Defendant / Appellant: Meltwater News UK Limited; Defendant / Appellant: Public Relations Consultants Association Limited
Jurisdiction
England and Wales
Judgment Date
27 July 2011
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed with modification to declaration
Legal Topics
Copyright in Literary Works, Infringement by Digital Copying, Fair Dealing, Temporary Copies Exception, Database Rights, Double Licensing
Intellectual Property Copyright Law Copyright in Literary Works Infringement by Digital Copying Fair Dealing Temporary Copies Exception Database Rights Double Licensing

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Parties

The Newspaper Licensing Agency Limited

Claimant / Respondent

MGN Limited

Claimant / Respondent

Associated Newspapers Limited

Claimant / Respondent

Express Newspapers

Claimant / Respondent

Guardian News and Media Limited

Claimant / Respondent

Telegraph Media Group Limited

Claimant / Respondent

Independent Print Limited

Claimant / Respondent

Meltwater Holding BV

Defendant / Appellant

Meltwater News UK Limited

Defendant / Appellant

Public Relations Consultants Association Limited

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Are newspaper headlines and extracts in Meltwater News protected by copyright as original literary works or substantial parts thereof?
  2. 2 Does the receipt and use of Meltwater News by end-users constitute copyright infringement?
  3. 3 Do statutory exceptions (temporary copies, fair dealing, database rights) apply to end-users?

Ratio Decidendi

End-users of Meltwater News, in most if not all cases, require a licence from the NLA or Publishers to lawfully receive and use the service because the headlines and extracts are original literary works or substantial parts thereof, and the acts of copying by end-users are not covered by statutory exceptions or fair dealing. Licensing the service provider does not suffice to authorise end-user acts, and double licensing does not arise as the acts are distinct.

Court Disposition

Appeal dismissed with modification to declaration

Orders

  • Declaration modified to state that 'most if not all' members of PRCA require a licence or consent from the publisher to lawfully receive and/or use Meltwater News.