New means may be needed to protect investment in database-type works.

THE Federal Court's rejection of Telstra's claim that its valuable Yellow Pages and White Pages directories are covered under copyright measures will prompt a rethink by owners of similar directories and databases regarding protection of their intellectual property. More positively, it will open the door for content seekers such as iPhone application developers who will profit from greater access to information and the certainty afforded by this important decision.

New strategies (and maybe new laws) are required to properly protect investment in valuable database-type works. This brave new world of IP protection, commercialisation and enforcement will be a critical point of discussion for several Australian executives as they consider the impact of this decision and seek to shore up protection measures.

The decision means users of directories and databases now have greater, and potentially free, access to use growing volumes of content - works previously assumed to be protected by copyright and thus unavailable. New opportunities will arise for IT developers - such as the plethora of developers of iPhone applications and third-generation media tools - who are now free to use many online timetables, product listings, betting odds and directories, and to incorporate them into their products.

Generally, Australian copyright law is becoming increasingly similar to that in the US, paving the way for easier cross-border proliferation of applications and online tools by global developers.