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The title 'Opportunity Knocks' for a game show was refused security, as had been the name "The Man who Broke the Bank at Monte Carlo" for a song and "Splendid Misery" for the novel. Courts have also declined copyright protection for invented names such as Kojak and magazine games such as 'The Mirror'. Such games and names may be protected by however other designs of intellectual home such as for example trademark legislation or the tort of moving off.
Whilst Courts have recognised that paper headlines may include creative flair and be clever and engaging but represent little more than the actual fact or idea conveyed.
Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd the Federal Court of Australia has ruled that newspaper headlines aren't effective at copyright protection. Reed and built-up and reproduced the news headlines and articles showing up in the Australian Financial Review on it's Abix membership service. Fairfax alleged that by producing abstracts associated with articles in their service Reed had infringed the copyright in several works, being the headlines being a separate literary work and in the headline and article together, as a 'combination work', all of the articles, headlines and bylines as a 'compilation' and also published edition copyright in each of the Australian Financial Review. The Court held that the headline had been too trivial to be copyrightable and didn't add up to a part that is substantial of combination work to be able to amount to infringement therefore the combination work did not amount to a work of joint authorship.
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