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 will take into consideration in arriving at a conclusion whether what has been done is a fair dealing or not. To take an example, if a defendant published long and important extracts from a plaintiff’s work and added to those extracts some brief criticisms upon them, I think that the Court would be very ready to arrive at the conclusion that that was not fair dealing within the section.’
Judges:
Morton J
Citations:
[1938] 2 Ch 599
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: 30 April 2022; Ref: scu.223816
