Fax Directories (Pty) Ltd v SA Fax Listings 1990 (2) SA 164 (D)

Fax Directories (Pty) Ltd v SA Fax Listings 1990 (2) SA 164 (D)

Facts

Fax Directories (Pty) Ltd (Fax Directories) published a fax directory called "The Pink Pages". SA Fax Listings CC (SA Fax Listings) published a similar fax directory called "The Yellow Fax Pages". Fax Directories claimed that SA Fax Listings had infringed its copyright in "The Pink Pages". SA Fax Listings denied copyright infringement.

Issues

The main issue in the case was whether SA Fax Listings had infringed Fax Directories' copyright in "The Pink Pages".

Reasons

The Durban and Coast Local Division (DCLD) held that SA Fax Listings had not infringed Fax Directories' copyright in "The Pink Pages". The court reasoned that Fax Directories' copyright in "The Pink Pages" did not extend to the selection and arrangement of the information in the directory.

Copyright in compilations

The DCLD explained that copyright protects compilations of information if the compilation is original and the result of the compiler's skill and labor. However, copyright does not protect the selection and arrangement of information in a compilation if the selection and arrangement are dictated by the nature of the information or is a common practice in the trade.

Selection and arrangement of the information in the fax directory

The DCLD found that the selection and arrangement of the information in the fax directory was dictated by the nature of the information and was a common practice in the trade. The court reasoned that the fax directory was simply a list of businesses and their fax numbers and that there was only one logical way to arrange this information.

Conclusion

The DCLD dismissed Fax Directories' application for an interdict to prevent SA Fax Listings from publishing and distributing "The Yellow Fax Pages".

Summary

The case of Fax Directories (Pty) Ltd v SA Fax Listings (1990 (2) SA 164 (D)) is a landmark case in South African copyright law. The case is particularly important for its analysis of the scope of copyright protection for compilations of information.

The DCLD's decision that Fax Directories' copyright in "The Pink Pages" did not extend to the selection and arrangement of the information in the directory is significant. The decision means that copyright does not protect the way that information is arranged in a compilation unless the selection and arrangement are original and the result of the compiler's skill and labor.