Where the selection, ordering and arrangement of material in a compilation is performed by an automated computer process rather than by human authors, the compilation is not an 'original literary work' in which copyright subsists under the Copyright Act 1968 (Cth). Activities of selecting, customising, maintaining and operating computer systems are not equivalent to the authorial activities of selecting, ordering and arranging material. The decision in Desktop Marketing Systems v Telstra (2002) 119 FCR 491 does not compel a different result where the specific issue of computer-generated versus human authorial contribution is squarely raised. Unlike the UK (Copyright, Designs and Patents Act 1988, s 9(3)), Australian copyright law has no provision deeming a person to be the author of a computer-generated work.
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