Telstra Corporation Ltd v Phone Directories Co Pty Ltd

“Data without authorship cannot claim copyright.”

SHORT DESCRIPTION

The case of Telstra Corporation Ltd v Phone Directories Co Pty Ltd is a landmark decision that reinforced the principle that copyright protection requires identifiable human authorship and originality. The Federal Court of Australia held that large-scale compilations of factual data generated through automated processes cannot attract copyright protection merely due to the effort, investment, or resources involved. This judgment has significant implications for databases, directories, and data-driven industries.

FACTS OF THE CASE

Telstra Corporation Ltd published telephone directories known as the “White Pages” and “Yellow Pages,” containing extensive listings of subscriber names, addresses, and phone numbers. These directories were compiled using complex automated systems that collected, verified, and organized subscriber information.

Phone Directories Co Pty Ltd reproduced substantial portions of these directories and made them available online. Telstra alleged copyright infringement, claiming that its directories were original literary works created through significant labour, skill, and financial investment.

ISSUES INVOLVED

The key issues before the Court were whether Telstra’s directories qualified as original literary works under copyright law and whether the absence of identifiable human authorship affected copyright subsistence. The Court also examined whether effort, expense, and technological processes alone can establish originality.

ARGUMENTS OF THE PARTIES

Telstra argued that its directories were the result of extensive intellectual effort and sophisticated processes. It contended that the selection, verification, and arrangement of data demonstrated originality deserving of copyright protection.

Phone Directories Co argued that the directories were purely factual compilations produced largely by automated systems without human creativity. It maintained that copyright law requires identifiable authors and original expression, not mere data aggregation.

FINDINGS AND OBSERVATIONS OF THE COURT

The Federal Court ruled against Telstra and held that copyright did not subsist in the directories. The Court found that Telstra failed to identify any human author who exercised creative choices in the compilation. It emphasized that originality requires independent intellectual effort by a human author and cannot arise solely from automated processes or corporate investment.

The Court reaffirmed that facts and data are not protected by copyright and that large-scale data compilations must demonstrate human creativity to qualify for protection.

SUGGESTION / PRACTICAL TAKEAWAY

This decision highlights the limitations of copyright protection for databases and automated compilations. Businesses relying on data aggregation should consider alternative legal protections, such as contracts, database rights (where available), or technological safeguards, rather than relying solely on copyright.

JUDGMENT

Year: 2010

The Federal Court of Australia held that Telstra’s telephone directories lacked originality and human authorship and were not protected by copyright.