(Apparently) unlike its Australian counterpart, the High Court in England has reportedly found copyright in newspaper headlines (here and here). In a variation on the theme, the Court of Appeal has referred a number of questions to the Court of Justice relating to the originality of football fixtures, so may be some definitiveness and uniformity (at least in Europe) will emerge in due course.
Bennett J’s reasons for ruling that Fairfax does not hold copyright in the Australian Financial Review’s headlines have now been published. In conclusion, Bennett J stated: 159 As to the subsistence of copyright in the contended works, I have reached the following conclusions: None of the ten selected headlines are capable of being literary works in which copyright can subsist. Fairfax has failed to prove that any of the ten selected.. Read More