End users of an online new service beware. A monitoring service provided users with a report of every article containing specified search terms. The report contained a hyperlink to each relevant article, the article headline, the opening words after the headline and an extract from the article showing the context of the search term.

The court held that the end user, by receiving an email containing this report (a copy of which was made on its computer) and viewing the report via the service’s website (which was copied on the computer) infringed the copyright in the headlines and text extracts, unless it had taken a licence. It is understood that the case is being appealed.

The Newspaper Licensing Agency Ltd and others v Meltwater Holding BV and others (2010)

NB, Recently we have seen an upsurge in enforcement activity from some of the copyright licensing societies and similar organizations such as BSA.