Walter and Another v Lane

JurisdictionUK Non-devolved
Judgment Date06 August 1900
Judgment citation (vLex)[1900] UKHL J0806-3
CourtHouse of Lords
Date06 August 1900

[1900] UKHL J0806-3

House of Lords

Walter and Another
and
Lane.
1

After hearing Counsel, as well on Friday the 20th, as Monday the 23rd days of July last, upon the Petition and Appeal of Arthur Fraser Walter, of Printing House Square, in the City of London, and Godfrey Walter, of Printing House Square aforesaid (on behalf of themselves and all other the proprietors of the business of publishing and carrying on "The Times" newspaper), praying, That the matter of the Judgment set forth in the Schedule thereto, namely, a Judgment of Her Majesty's Court of Appeal, of the 9th of November, 1899, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Judgment might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the printed Case of John Lane, lodged in answer to the said Appeal; And due consideration being had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Judgment of Her Majesty's Court of Appeal, of the 9th of November 1899, complained of in the said Appeal, be, and the same is hereby, Reversed: And it is further Ordered and Adjudged, That a perpetual Injunction be issued restraining the Respondent, his servants and agents, from further publishing, printing, selling, delivering or otherwise disposing of, or causing or permitting to be further published, printed, sold, delivered or otherwise disposed of, any copy or copies of the book entitled "Appreciations and Addresses, Lord Rosebery," or of any other book or books containing any copies or copy of certain articles or reprints entitled "Lord Rosebery on Free Libraries," "Lord Rosebery and Sir Walter Besant on London," "Lord Rosebery on Great Britain and America," "Lord Rosebery on Burke," and "Etonian Dinner�Lord Rosebery and Lord Curzon," and which were published in "The Times" newspaper on the 26th of June 1896, the 8th of December 1896, the 8th of July 1898, the 11th...

To continue reading

Request your trial
29 cases
  • Kiwi Brands (M) Sdn Bhd v Multiview Enterprises Sdn Bhd
    • Malaysia
    • High Court (Malaysia)
    • 1 January 1998
  • Sawkins v Hyperion Records Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 May 2005
    ...as possible to the Lalande originals. 33 The essential elements of originality were expounded by the House of Lords over century ago in Walter v. Lane [1900] AC 539, a decision on the Copyright Act 1842. It remains good law: Express Newspapers plc v. News (UK) Ltd [1990] FSR 359 at 365–366.......
  • Telstra Corporation Ltd v Desktop Marketing Systems Pty Ltd
    • Australia
    • Federal Court
    • Invalid date
  • Express Newspapers Plc v News (U.K.) Ltd
    • United Kingdom
    • Chancery Division
    • 12 February 1990
    ...was before his Lordship. The question was whether Express Newspapers had an arguable defence. The leading case was Walter v LaneELR ((1900) AC 539) in which a reporter of The Times had taken a verbatim shorthand note of speeches of Lord Rosebery which were then published in The Times. The d......
  • Request a trial to view additional results
13 books & journal articles
  • THE BASIS FOR ORIGINALITY IN PHOTOGRAPHS
    • Singapore
    • Singapore Academy of Law Journal No. 2020, December 2020
    • 1 December 2020
    ...1111 (9th Cir, 2018). 16 Feist Publications Inc v Rural Telephone Service Co Inc 499 US 340 at 349–350 (1991). 17 See, eg, Walter v Lane [1900] AC 539 at 545, per Lord Halsbury, and 552, per Lord Davey; see also Copinger and Skone James on Copyright vol 1 (Gillian Davies, Nicholas Caddick &......
  • REFLECTIONS ON AUTHORSHIP AND THE MEANING OF A “WORK” IN AUSTRALIAN AND SINGAPORE COPYRIGHT LAW
    • Singapore
    • Singapore Academy of Law Journal No. 2012, December 2012
    • 1 December 2012
    ...gather or organise the collection of material and who select, order or arrange its fixation in material form.” 71[2005] 3 All ER 636. 72[1900] AC 539. 73(1992) 39 FCR 348; 111 ALR 577; 25 IPR 65 at 97 (Gummow J) (cf Interlego AG v Tyco Industries Inc(1988) 12 IPR 97 (Hong Kong, PC) at 124. ......
  • Scanning Cultural Heritage: The Implications for Intellectual Property and Cultural Institutions.
    • United Kingdom
    • Art Antiquity & Law Vol. 25 No. 1, April 2020
    • 1 April 2020
    ...Originality in English Copyright Law: Past and Present' (2014) 36(6) European Intellectual Property Review 376. (123) Walter v. Lane [1900] AC 539 (HL); University of London Press Ltd v. University Tutorial Press Ltd [1916] 2 Ch. 601 (Ch.) 609; Sawkins, above, note 121, [31]. (124) Ladbroke......
  • NEW LAW FOR COMPILATIONS AND DATABASES IN SINGAPORE?
    • Singapore
    • Singapore Academy of Law Journal No. 2012, December 2012
    • 1 December 2012
    ...1 WLR 273 at 283, per Lord Evershed. Other descriptions of the authorial exercise include: “labour, skill and capital” (Walter v Lane[1900] AC 539 at 545, per Lord Halsbury); “work, labour and skill” (G A Cramp & Sons Ltd v Frank Smythson Ltd[1944] AC 329 at 340, per Lord Parker); “skill, i......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT