Nine Network v IceTV (9 August 2007)

On 9 August 2007, the Federal Court (Bennett J) rejected a claim by Channel Nine that its television program schedules were infringed by IceTV’s electronic program guide “the IceGuide”. The court held that Nine’s Weekly Schedule was protected by copyright as a compilation, and that “Aggregated Guides”, which included the Weekly Schedule, were also, separately, protected. The Court went on to find, however, that IceTV did not copy a substantial part of the Weekly Schedule. IceTV ascertained information by independent inquiry, and its selection, arrangement and expression of information differed from that in the Weekly Schedule. The Court distinguished this case from Desktop Marketing v Telstra, which concerned telephone directories. That case was a “whole of universe” case which involved comprehensive information rather than a selection, and where there was only one arrangement of the information (alphabetical).

More:

• Nine Network Australia Pty Ltd v IceTV Pty Ltd [2007] FCA 1172 (9 August 2007)

• Full Court decision on appeal
• Declarations by Bennett J (27 June 2008)