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: Most of the photographs were used to demonstrate a particular style, and the use was fair criticism or review. There was not sufficient evidence to establish any significant damage to the residual value of the photographs, the publication in the film being transitory: ‘Risk to the commercial value of the copyright may go towards demonstrating or creating unfairness, but it does not follow that any damage or any risk makes any use of the material unfair. ‘ The use of the photographs amounted to fair dealing for the purposes of section 30(1) of the Act, but did not amount to incidental use.
Judges:
The Honourable Mr Justice Mann
Citations:
Times 15-Apr-2005, [2005] EWHC 472 (Ch)
Links:
Statutes:
Copyright Designs and Patents Act 1988 30(1)
Jurisdiction:
England and Wales
Citing:
Cited – Hubbard v Vosper CA 1971
Claims of infringement were made as to copyright works being various works about Scientology. Extracts had appeared in the defendant’s book which was critical of the cult. It was submitted by the plaintiff that the fair dealing section applied only . .
Cited – Ashdown v Telegraph Group Ltd CA 18-Jul-2001
The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing.
Held: The exceptions within the . .
Cited – Pro Sieben Media AG v Carlton Television Ltd and Another CA 7-Jan-1999
The defendant was accused of infringing copyright in a TV programme relating to the pregnancy of a woman with eight foetuses. The defendant claimed fair dealing, but that defence was rejected by the trial judge.
Held: The decision was . .
Cited – Time Warner Entertainments LP v Channel Four Television Corporation plc CA 1994
In testing whether a defence to copyright infringement of fair dealing succeeds, the court can take note of the actual purpose of the work, and will look carefully to verify the claimed purpose: ‘it is necessary to have regard to the true purpose of . .
Cited – Banier v News Group Newspapers Ltd 1997
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 . .
Cited – De Garis v Nevill Jeffress Pidler Pty Ltd 1990
(High Court of Australia) The court considered the defence of criticism and review to a charge of coyright infringement.
Held: The court should start with a dictionary definition. . .
Cited – Ashdown v Telegraph Group Ltd ChD 11-Jan-2001
The claimant, during his career had written private diaries, including minutes of secret political meetings. As he stepped down from leadership, he began to arrange publication. Before this was complete, the defendant published extracts. He . .
Cited – Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell CA 10-Feb-2000
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death.
Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether . .
Cited – Johnstone v Bernard Jones Publications Ltd 1938
The question of whether a fair dealing defence to a claim of copyright infringement succeeded, the amount of the work used is relevant: ‘I may add, however, that the substantiality of the part reproduced is, in my view, an element which the Court . .
Cited – Associated Newspapers Group plc v News Group Newspapers 1986
The Sun printed copyright letters which had passed between the late Duke and Duchess of Windsor, but the exclusive rights to which had been obtained by another newspaper. As to dicta that use by a competitor is not fair: ‘That seems to be exactly . .
Cited – IPC Media Ltd v News Group Newspapers Ltd ChD 24-Feb-2005
The defendant sought to advertise its new TV listings magazine, and to do so reproduced in its advert a copy of the front page of the equivalent magazine published by the claimant. The claimant sought damages for copyright infringement. The . .
Cited – Sillitoe v McGraw-Hill Book Co 1983
The defendants had imported and distributed a series of ‘study notes’ for students which the plaintiffs alleged infringed the copyrights in the works under discussion.
Held: The defendants had been ‘fixed with knowledge’ 14 days after letters . .
Cited – Football Association Premier League Ltd and others v Panini UK Ltd CA 11-Jul-2003
The respondents published articles including pictures which themselves included the claimant’s logo. The claimant sought damages for breach of copyright. The defendant claimed protection under section 31 on the basis that the inclusion of the marks . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 24 July 2022; Ref: scu.223809
