The Newspaper Licensing Agency Ltd & Ors v Meltwater Holding BV & Ors [2011] EWCA Civ 890 (27 July 2011)

The Newspaper Licensing Agency Ltd & Ors v Meltwater Holding BV & Ors [2011] EWCA Civ 890 (27 July 2011)

End-users of Meltwater News, in most cases, infringe copyright in headlines and article extracts by receiving and using the service, and require a licence from the publishers; statutory defences do not absolve liability, and double licensing is not unlawful as provider and end-user undertake distinct acts of copying.

Citation
[2011] EWCA Civ 890
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 / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Copyright Infringement, Literary Works, Database Rights, Fair Dealing, Temporary Copies, Double Licensing
Intellectual Property Copyright Copyright Infringement Literary Works Database Rights Fair Dealing Temporary Copies 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 / Court of Appeal Judgment

Legal Issues

  1. 1 Are newspaper headlines capable of being original literary works?
  2. 2 Do extracts from articles constitute a substantial part of the original literary work?
  3. 3 Do end-users infringe copyright by receiving and using Meltwater News?

Ratio Decidendi

End-users of Meltwater News, in most cases, infringe copyright in headlines and article extracts by receiving and using the service, and require a licence from the publishers; statutory defences do not absolve liability, and double licensing is not unlawful as provider and end-user undertake distinct acts of copying.

Court Disposition

appeal dismissed

Orders

  • Declaration modified: 'most if not all' members of PRCA require a licence or consent from publishers to lawfully receive and use Meltwater News.