UK Appeals Court Agrees That Clicking A Link And Opening A Website... Is Infringing

[The Straight Story]

UK Appeals Court Agrees That Clicking A Link And Opening A Website... Is Infringing
from the are-they-serious? dept

Late last year there was a ridiculous ruling against news aggregator Meltwater in the UK. Meltwater, like a number of other news aggregators, pulls together headlines from various online news stories, along with brief snippets of the articles, and links to those articles, helping people find news relevant to them. It's your classic news aggregator. Meltwater focused on an enterprise market, helping companies or PR people keep tabs on what was being said about them or about topics of interest. Pretty standard stuff. But the ruling said that just headlines could be covered by copyright, and thus Meltwater infringed by simply showing headlines and links. I didn't write about it at the time, on the assumption that this was just a clueless ruling that would hopefully be overturned on appeal... but no such luck. The Appeals Court has allowed the lower court ruling to stand, meaning that anyone doing news aggregation in the UK may have to start paying newspapers for the "privilege" of linking to them.

This is, of course, ridiculous. Almost everything in the ruling is ridiculous, frankly. Let's dig into a few of the points from the original ruling, as highlighted by the Independent (first link above):
* The headlines to the various articles reproduced in Meltwater News were capable of being literary works independently of the article to which they related;

Generally speaking, in the US, we don't consider headlines to have enough creative elements to be covered by copyright independent of the article. And that seems reasonable. Does anyone honestly believe that copyright is necessary to incentivize the creation of creative headlines? The whole point of a headline is to sell the story. There's plenty of incentive there. Putting copyright on headlines makes no sense at all.

http://www.techdirt.com/articles/20110727/12544415289/uk-appeals-court-agrees-that-clicking-link-opening-website-is-infringing.shtml