A representative of Telstra has confirmed that Telstra will be seeking special leave to appeal to the High Court against a Full Federal Court decision that copyright did not subsist in its White and Yellow Pages phone directories.
Telstra lost the case in the first instance in the Federal Court in February 2010, and then lost its appeal to the Full Federal Court in December last year. Key issues in the case include the applicability of copyright to databases, as well as the importance of originality and authorship when it comes to determining subsistence.
If special leave is granted, the case will be keenly watched to see if the High Court will approve the reasoning in the previous decisions.
For more information about this decision, please see: http://www.copyright.org.au/news-and-policy/details/id/1881
For inquiries relating to copyright law please contact Adam Simpson.