Shetland Times Ltd. v Dr Jonathan Wills [1996] ScotCS CSOH_6 (24 October 1996)

Shetland Times Ltd. v Dr Jonathan Wills [1996] ScotCS CSOH_6 (24 October 1996)

The pursuers established a prima facie case that the defenders' reproduction of headlines and provision of direct links to the pursuers' news items constituted an infringement of copyright under sections 17 and 20 of the Copyright, Designs and Patents Act 1988. The headlines may be protected as literary works, and the Internet service may constitute a cable programme service. The balance of convenience favoured granting interim interdict to prevent potential loss of advertising revenue.

Citation
[1996] ScotCS CSOH_6
Parties
Pursuer: Shetland Times Ltd; First Defender: Dr Jonathan Wills; Second Defender: The Shetland News (company)
Jurisdiction
Scotland
Judgment Date
24 October 1996
Procedural Posture
Interim Interdict (injunction) Application / Motion for Interim Interdict Before Lord Ordinary
Outcome
Interim interdict granted
Legal Topics
Copyright Infringement, Internet Publication, Cable Programme Service, Literary Works, Interim Interdict
Intellectual Property Media Law Copyright Infringement Internet Publication Cable Programme Service Literary Works Interim Interdict

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Parties

Shetland Times Ltd

Pursuer

Dr Jonathan Wills

First Defender

The Shetland News (company)

Second Defender

Procedural Posture

Interim Interdict (injunction) Application / Motion for Interim Interdict Before Lord Ordinary

Legal Issues

  1. 1 Whether the reproduction of headlines from the pursuer's website by the defenders constitutes copyright infringement under the Copyright, Designs and Patents Act 1988 sections 17 and 20
  2. 2 Whether the headlines are protected as literary works under the Act
  3. 3 Whether the defenders' website constitutes a cable programme service under section 7 of the Act

Ratio Decidendi

The pursuers established a prima facie case that the defenders' reproduction of headlines and provision of direct links to the pursuers' news items constituted an infringement of copyright under sections 17 and 20 of the Copyright, Designs and Patents Act 1988. The headlines may be protected as literary works, and the Internet service may constitute a cable programme service. The balance of convenience favoured granting interim interdict to prevent potential loss of advertising revenue.

Court Disposition

Interim interdict granted

Orders

  • Interim interdict granted in terms of the amended second conclusion, restraining the defenders from reproducing the pursuers' headlines and providing direct links to the pursuers' news items.