The first claimant (C1) was a company which managed the intellectual property rights of member newspapers, including the second to seventh claimant newspaper publishers (C2). The first and second defendants (D) provided a media monitoring service to business customers by monitoring a number of websites. D used the content from C2's websites to create monitoring reports to its customers. The reports included the headline, opening text and an extract from articles which matched search terms selected by the customer. The third defendant (D3) was a professional association representing public relations providers who used D's monitoring service. D3 admitted that when its members received a copy of D's report by email, or accessed it via D's website, a copy was made in the memory of the member's computer. The court was required to determine whether (i) a newspaper headline was capable of being a free-standing original literary work; (ii) the text extract constituted a "substantial part" of the article as a literary work; (iii) D3 and its members required a web end-user licence from C1 or C2 in order to lawfully use and receive D's service.