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Openai/6924739c-2300-800e-9743-65c152c213f1
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==== ### ==== Why it matters here * The Court held that headnotes, case summaries, topical indexes and the compilation of reported decisions are original works in which copyright subsists. * It also set the “skill and judgment” test for originality (rejecting pure “sweat of the brow”), and developed a structured fair dealing framework (purpose, character, amount, alternatives, nature of work, effect). Relevance to this case * Direct analogue to Westlaw: CCH explicitly recognizes copyright in law-reporter headnotes, summaries, and indexes – the very sort of editorial content at issue here. * Its fair-dealing analysis (especially the emphasis on “user’s rights” and technological neutrality) is a natural comparative reference point for U.S. fair use arguments about copying headnotes to support legal research tools. ===== What it held ===== * EBC publishes Supreme Court Cases (SCC) law reports. Defendants produced CD-ROM law databases alleged to have copied SCC’s materials. * The Indian Supreme Court: - Agreed that headnotes, editorial notes, and some formatting/structural edits are copyright-protected; - Rejected copyright in the raw judgment text itself (public domain), but held that some copy-editing and structuring can reach the originality threshold; - Adopted the CCH “skill and judgment” standard, rejecting both pure sweat-of-the-brow and a high creativity threshold. Relevance * Factually very close: a law-report publisher vs. a digital legal research/database provider accused of using the publisher’s edited judgments and headnotes in electronic products. * The court drew a line between public-domain judicial text and copyrightable editorial enhancements (headnotes, footnotes, paragraphing, introductions), then limited what could be freely reused. * That structure maps closely onto arguments about what parts of Westlaw content ROSS could ingest, and whether copying for a competitor research platform is infringing. ===== What happened ===== * Reporters provided case reports for The Jurist; each report had a headnote summarizing the decision. * The defendants published a monthly digest which reproduced headnotes/marginal notes from various reports (including The Jurist). * The court held the plaintiffs had copyright in the reports, and the copying of the headnotes into the digest amounted to piracy. Relevance * Classic authority on copyright in law-report headnotes and on copying those headnotes into a separate digest product. * Strong comparative support for Thomson Reuters’ side that headnotes and classification-style editorial content are protectable and can’t simply be taken into a competing system. ===== - Eastern Book Co. v LexisNexis injunction: later Indian proceedings confirmed injunctive protection for EBC’s law-report content against a competing legal database. ===== * David Vaver, “Copyright Inside the Law Library”: summarises Canadian law that publishers can object to copying of their headnotes, digests, and cumulative indices such as those in Dominion Law Reports. These are secondary or follow-on, but they reinforce a transnational pattern: courts routinely protect law-report editorial matter separate from public-domain judgments.
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