QUT ePrints (Queensland University of Technology) · 2012 · 10 citations · 0 references
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LawIntellectual Property LawLiteratureCopyright LawDatabasesIntellectual PropertyCopyright ManagementCopyright Subject MatterData ArchivingLiterary WorksCompilations In LiteratureCopyright In Scholarly WritingCopyrightability Of Literary ExpressionDatabase RightsOriginality In Literary Works
A database will be protected under Australian law if it is a literary work; expressed in material form; meets the originality test; and has a relevant connection with Australia. Facts and data in themselves are not protected by copyright. However, a collection of data, a dataset, or a database may be protected by copyright if it is sufficiently original. Whether a work is sufficiently original to be protected by copyright depends on whether it has been produced by the application of independent intellectual effort by the author/s, which may involve the exercise of skill, judgement, or creativity in selecting, presenting, or arranging the information. This summary synthesises recent cases regarding originality in factual compilations.