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 defendant claimed fair dealing.
Held: The claim succeeded: ‘The claimant has devoted its skill and labour in the production of literary and artistic work for the very purpose of identifying its product for its own commercial purposes. In copying the work to advance its own competing commercial purposes at the expense of the claimants, the defendant was taking advantage of the fact that the claimant’s work has created that literary/artistic identity for its product. I do not think that that can be described as a fair dealing ‘in the context of’ or ‘as part of an exercise in’ or ‘for the purpose of the criticism or review of’ the claimant’s work. If it is not fair dealing for that purpose, as I do not think it is, it cannot in my judgment be fair dealing for the purpose of reporting current events.’
Such criticism as there was could have been done without it, and in copying the work to advance its own competing purposes at the claimant’s expense the defendant was advancing its own work, and that did not amount to fair dealing.
Judges:
Hart J
Citations:
[2005] EWHC 317 (Ch), [2005] EMLR 23, [2005] FSR 35
Links:
Statutes:
Copyright Design and Patents Act 1988 30(1)
Jurisdiction:
England and Wales
Citing:
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 – 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 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.
Media, Intellectual Property
Updated: 19 July 2022; Ref: scu.263689