Case Reports

High Court rules Ice TV not in breach of copyright

In IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14, the High Court, allowing the appeal, overturned the Federal Court ruling that the copyright subsisting in the Nine Network's television schedule was infringed by electronic program guide provider IceTV.   The court found that a "substantial part" was not reproduced by IceTV as the part reproduced, namely program time and title information, lacked the requisite originality.  It was also observed that the Federal Court's focus on Nine's "skill and labour" was misguided.