The court considered the nature of the fair dealing defence to an allegation of copyright infringement: ‘What amounts to fair dealing must depend on the facts of the particular case and must to a degree be a matter of impression. What is of prime importance is to consider the real objective of the party using the copyright work. Section 30 is designed to protect a critic or reviewer who may bona fide wish to use copyright material to illustrate his review or criticism.’
Citations:
[1997] FSR 812
Statutes:
Copyright Designs and Patenst Act 1988 30
Jurisdiction:
England and Wales
Cited by:
Cited – Fraser-Woodward Ltd v British Broadcasting Corporation Brighter Pictures Ltd ChD 23-Mar-2005
The claimant asserted infringement of copyright by the defendants in photographs of the family of David Beckham. The defendant admitted using the photographs but asserted that no permission was required since the use was a fair dealing.
Held: . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 24 November 2022; Ref: scu.223815