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Publishers asserting copyright in headlines contend that compiling and arresting headlines involves a top level of novelty and creativity, and that headlines should qualify as original literary works. A work has to convey pleasure or afford enjoyment or instruction to be a literary work. A literary work must also be original, and also to fulfill the test of originality it must be initial not only in the sense of originating from an identifiable writer in the place of copied, but additionally original into the specific form of phrase by which an writer conveys a few ideas or information. It is because copyright isn't designed to protect facts or some ideas.

Issue whether copyright can subsist in magazine headlines was discussed shortly with a Judge in a case that is scottish Shetland occasions Ltd v Wills [1997] FSH 604. The Judge didn't get to a conclusion that is final to whether a magazine headline could be a literary work, but indicated reservations about giving copyright to headlines, especially where they only provide a brief indicator associated with the material associated with the items they reference in an article.

Newspaper headlines are comparable in nature to titles of a guide or other works and titles, slogans and brief phrases which are refused copyright protection. Into the case of IceTV Pty Ltd v Nine system Australia Pty Ltd [2009] HCA 14, the tall Court held that no copyright can subsist in a programme title alone. The Courts have based their grounds for refusing copyright security to such works both regarding the basis that they are too short (see Francis Day & Hunter Ltd v Twentieth Century Fox Corp Ltd (194) AC 112) or instead that titles of papers, songs, mags, books, solitary terms and advertising slogans lack adequate originality to attract copyright protection.
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This article addresses the law associated with copyright in news headlines and explores the scenario law concerning whether media writers can protect their headlines as original literary works.