“The evidence in the present case (incidentally much fuller than that before Bennett J in Fairfax…) is that headlines involve considerable skill in devising and they are specifically designed to entice by informing the reader of the content of the article in an entertaining manner” (Proudman J, [70])
“In my opinion headlines are capable of being literary works, whether independently or as part of the articles to which they relate. Some of the headlines in the Daily Mail with which I have been provided are certainly independent literary works”. (Proudman J, [71])
Upheld on appeal: The Newspaper Licensing Agency Ltd & Ors v Meltwater Holding BV & Ors [2011] EWCA Civ 890.
Computer Programs
Copyright subsists in computer programs as literary works (the law was amended in 1984). See the definitions of “literary work” and “computer program” in s 10 of the Copyright Act 1968.