Third Circuit Affirms Copyright on Westlaw Headnotes
The court rejects a fair‑use defense, ruling Westlaw headnotes are protected works.
On Sept. 29, 2026 the Third Circuit affirmed the District Court’s partial summary judgment that Westlaw headnotes are copyrightable. In Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence, the panel held the short legal summaries attached to Westlaw cases fall outside the narrow fair‑use exception for commentary or criticism, making unlicensed use in client filings or internal documents infringing. The decision does not invalidate the use of Westlaw for research itself, but it bars firms from reproducing or incorporating headnotes without a license. Law practitioners should audit all Westlaw-derived content in pleadings, briefs and discovery to ensure compliance, and consider drafting custom headnote‑style notes under their own copyright. The ruling may serve as precedent for future disputes over copyright in research metadata, prompting a reassessment of how firms treat and license such ancillary content.