Walter v. Lane

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Walter v. Lane [1900] AC 539, (House of Lords) — a precedent in the Commonwealth countries that recognized fixation could be a determining factor in copyright determinations.

[edit] Facts

A speech is given in public by a politician. A newspaper hires skilled shorthand note-takers to record it, and publishes the speech. Some time later, another book publisher prints a collection of the politician's speeches. The newspaper sues the book publisher.

[edit] Result

Copyright is held by the Newspaper... the employers of the reporter, as per S11(2) CDPA

[edit] Reasoning

The note-takers were skilled participants placing the work in material form, the politician was not involved in the case and the court awarded the copyright to the newspaper.