Melway Publishing Pty Ltd v Robert Hicks Pty Ltd

Melway Publishing Pty Ltd (Melway) appealed to the High Court of Australia from a decision of the Full Federal Court concerning the infringement of its copyright in a street directory. The dispute arose from the publication of a rival street directory by Robert Hicks Pty Ltd (Hicks), which Melway alleged had copied substantial parts of its copyrighted work. Melway sought an injunction and damages for copyright infringement.

The High Court was required to determine whether Hicks had infringed Melway's copyright in its street directory. Specifically, the court had to consider whether the alleged copying constituted the reproduction of a substantial part of Melway's work, and if so, whether Hicks had a defence available, such as independent creation or fair dealing. The central question was whether the similarities between the two directories were so extensive and significant as to amount to unlawful appropriation of Melway's copyright.

The High Court, in a joint judgment, found that Hicks had indeed infringed Melway's copyright. The court rejected the argument that the similarities were merely coincidental or the result of independent creation. It was held that the evidence demonstrated that Hicks had copied a substantial part of Melway's directory, including the selection, arrangement, and presentation of information, which constituted the copyrightable expression. The court emphasised that copyright protects the skill, labour, and judgment involved in creating the work, not merely the raw information itself. The defence of independent creation was not made out, as the similarities were too pervasive to be explained by chance.

The High Court allowed the appeal, setting aside the orders of the Full Federal Court and remitting the matter to the Federal Court for determination of the relief to be granted to Melway.