Odham's Press Ltd v London and Provincial Sporting News Agency Ltd [1936] 1 Ch 357

Court: Court of Appeal

Judges: Lord Wright MR, Romer LJ, Greene LJ

Date decided: 6, 7 February 1936

The court did not deal with the substantive question, but noted, obiter:

As to the decision of the learned judge in this case I think I ought to say, without expressing any final view, that I should hesitate very much before I arrived at the conclusion that these particular entries or books which have been put before the Court are not capable of being the subject of literary copyright. They appear to be - and I state no more than a primâ facie impression - not merely compilations of facts, but compilations in which a selection has been made, and in which figures have been arrived at in certain cases which are not based on actual facts, but are matters of judgment and estimate; having regard to the various definitions and the various cases which have been decided in respect of compilations, I should have felt at least a strong predisposition to the view that these particular books or pages of entries were the subject of literary copyright. But I desire not to deal with that matter, as it is not necessary, and indeed has not been fully argued. (([1936] 1 Ch 357, 364 (Lord Wright MR, Romer and Greene LJJ concurring).))
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