Since the High Court decision in IceTV, there has been a renewed focus in copyright decisions on the concept of “originality” for the subsistence of copyright.
A recent Federal Court appeal decision looks at this in relation to a “compatibility chart” for consumables used in computers and printers.
The Court confirmed the decision of the judge at first instance that copyright subsisted in the chart:
- “human intellectual endeavour” had been involved in selecting and arranging the information in the chart, and in expressing the chart in a particular form;
- that endeavour had been supplied by an identifiable author (an employee of the relevant company); and
- the intellectual effort involved was more than negligible and had therefore resulted in an original literary work.
The case is a useful reminder that copyright can subsist in even mundane types of works, but that, particularly in such cases, it is vital to ensure that what has been created, how it was created and who created it is fully assessed before action is taken.
To read the case, see: