Infopaq International A/S v. Danske Dagblades Forening

“Even small extracts may be protected — originality, not length, defines copyright.”

Short Description

This foundational EU copyright case examined whether extracting and storing 11-word snippets from newspaper articles during a digital data-capture process amounted to copyright infringement. The ruling established that even small fragments can qualify as protected expression if they reflect the author’s intellectual creation. It significantly shaped EU digital reproduction norms.

Facts

Infopaq operated a media-monitoring service that scanned newspapers, converted them into digital text, and stored short 11-word extracts to summarize relevant content. Danske Dagblades Forening, representing newspaper publishers, argued that this extraction and temporary storage constituted unauthorized reproduction. Infopaq claimed the fragments were too short to attract copyright protection, and the process involved only transient acts.

Findings / Reasoning

The Court of Justice held that originality is the key criterion — even a short extract may embody an author’s personal choices in wording and structure. Therefore, extracting and storing 11-word sequences could amount to reproduction if the text reflects creative expression. The court also ruled that transient acts within a technological process are exempt only if strictly temporary and integral; Infopaq’s storage exceeded that narrow exception.

Suggestions / Observations

The decision emphasized that technological convenience cannot override copyright, requiring media-monitoring and data-extraction services to obtain appropriate licenses. It also signaled that digital reproduction — even automated — must respect the creative contributions embedded in text. The ruling pushed businesses to redesign processes to minimize unauthorized copying.

Judgment & Date

The CJEU held in favor of the publishers, ruling that Infopaq’s extraction constituted reproduction requiring authorization.

Judgment Date : 2009 (CJEU).