Telstra steps back into the ring

Posted by Tim Hewitt - 9.50am - 21 January 2011 

© Rodrigo Muller

In a recent post, we thought it unlikely that Telstra would put on its boxing gloves again after its failed appeal in the Full Federal Court following the Court's first instance finding that copyright does not subsist in Telstra's Yellow Pages and White Pages directories. To the surprise of many, earlier this week, Telstra filed an application for special leave to the High Court, demonstrating Telstra's strong belief that an exclusive right to publish millions of phone directory listings is something worth fighting for.

This is a bold move by the telecommunications heavyweight, particularly considering the High Court's apparent unwillingness to countenance copyright in electronic compilations - as demonstrated by its 2009 decision in IceTV v Nine Network Australia Pty Ltd, in which it refused to find that copyright subsisted in Channel Nine's television programming guides.

Telstra is clearly determined to make every effort to protect its lucrative directories business, and will make a last ditch attempt to convince the High Court that the information verification, editing and arrangement activities undertaken by the staff of its subsidiary, Sensis, are contributions of original authorship, giving rise to the subsistence of copyright in its Yellow Pages and White Pages directories.

A whole cavalry of technology, media and telecommunications companies who wish to claim copyright in their electronic compilations - and pursue companies who they consider have pilfered their databases - will no doubt be watching with keen interest whether the High Court approves Telstra's application for special leave. 

Regardless of the outcome, organisations who rely on exclusive rights to their databases will no doubt continue to implement ever more technical security measures to prevent 'scraping', and will wish to ensure that end users are tightly bound by contract from exploiting any information they might obtain.

Partner: Paul Kallenbach