Walter v Lane

A reporter who took down a speech in shorthand and published it was the author of the report, so copyright subsisted in it, separate from the speaker's rights.

Citation
[1900] AC 539
Court
House of Lords
Year
1900
Subject
Intellectual Property Law
Topic
Copyright: subsistence, originality and authorship

Facts

Lord Rosebery, a politician, gave a series of public speeches. Reporters from The Times took them down in shorthand, corrected and revised them, and published them in the newspaper. Mr Lane later published a book containing the speeches, copied from The Times. The Times, through its manager Mr Walter, sued for infringement of copyright in the reports.

Legal principle

The House of Lords held that copyright subsisted in the reports, and that The Times owned it. The reporters had used skill and labour in producing the reports, and they were the authors of the reports as literary works, although not of the speeches themselves. The case was decided under the Copyright Act 1842, which did not require originality, and its authority under the modern law has been questioned, but it was followed in Sawkins v Hyperion Records.

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