fair dealing defences for copyright

Question 1

governed by chapter 3 as is referred to as acts permitted in relation to copyright works

Answer 1

contains 6 defences which are complete defences and allows the individual to use the work without the consent of its owner

2 general defences-
- consent of the owners
-disclosure in the public interest
(where the work is immoral, scandalous, contrary to family life, injurious to public life, contrary to public health and safety or the adminstartion of justice
-Lion Laboratories ltd v evans and others 1985- faulty breathalyzers memo confession, was in public interests

Question 2

the court must consider the 6 defences in terms of its fair dealing

Answer 2

in turn this is the question of whether a fair minded and honest person would regard the dealing as fair

Question 3

non commercial use
(this and next slide may infleunce fair dealings for certain defences)

Answer 3

non commercial use- no monetry value at all
commercial- economic activity

in regards to fair dealings alot of these defences will hinder on whether they haeve been done for commercial purposes
(if commercial purpose may lead to certain defences rather than others (e.g quotation over research or private study)

Question 4

sufficient acknowledgement

Answer 4

may raise a defence that you suffiently acknowledged the source
-acknowledgement- the author of the work must be indentified
-must covey to a reasonably alery member of the relevant audience that the identified person is the autho
(this with the defence of quotation for example would be a fair dealing)

Question 5

1st defence- research or private study defence sc29(1)

Answer 5

must show that the use of work was either-
-for the purpose of non-commercial research
-for private study
-dealing was fair and there is sufficient acknowledgement of the source

-research- systematic inquiry into a question, promotion of a knowledge
(Karapa and McDonagh- research usually for benefit of an organiziation or por otion of knowledge)
-private study- assume made for the individuals benefit
(silltoe v McGraw- Hill Book co ltd 1983- defence primarily focused on researchers and students- commercial gain from selling cheat books)
(Karapa and McDonagh- often for pusuit of a formal qualification)

Question 6

2nd and 3rd defences- criticisms, reviews; quotation defences- sc30(1)

Answer 6

quotations-
-permitted provided used quotation marks
-only permissable where it goes no further than necessary to achieve the specific purpose
-applies to all works

criticisms and reviews-
-offering judgement about a picee of work is permissable
-broad interpretation- can be positive and negative
-hubbard v vosper 2005- a book damaging negatively damaging the reputation of the church of scientology through negative criticism, but had this defence

-exception- must be work available to the public and the dealing was fair
HRH the prince of wales v associated newspapers 2008- extracts of princes private diary where published in newspaper without consent, not available to public so infringed

Question 7

4th defence- reporting of current events s30(2)

Answer 7

fair dealings for the purpose of reporting current events does not infringe the copyright work, provided that it is accompanied by a sufficient acknowledgement (not phot, fair, accopanied by sufficient acknowledgement)

-exception- photographs (as would undermine photoraphers)

-covers events of national, political and sporting events
-independant television publication v time out 1984- anything trivial will not suffice, here reporting of television programmes, needs to be a important event

current- deals with a contemporary issue
-older the issuem the less likely to be treated as a current event
-hyde park residence ltd v yelland 1999- photos from one year following the event was current as continuing publicity around their deaths (liberal interpretation, may remain current for some time but not indefinitely)

not fair dealing for this defence-
-HRH the duchess of sussex v associated newspaper limited 2021- private letters where not characterised as fair dealings as was not available to public

Question 8

5th defence- parody, caricature and pastiche sc30A(1)

Answer 8

Deckmyn v vandersteen 2014 explanation of parody- evokes an existing work while being noticeably different; to constitute an expression of humour and mockery

caricature- exaggeration of traites..

pastiche-
-shazam productions ltdv only fools the dining experience ltd 2022- dining experience wasnt ones of the three as was just replicating, clarified that a parody does express some opinion by means of imitation, but noticable difference from the work parodied
-clarified the definition of pastiche- either imitates the style of another work or a medley of a number of pre-exisitng works; and is noticeably different from the original works

Question 9

6th defence- illustration for instruction sc32

Answer 9

(targeted at lecturers and teachers)
-teachers, lecturers and institutions are protected by the general provision of permitting fair dealing for the purpose of illustration for instruction

3 conditions:
-non commercial purpose
-by a person giving or receiving instruction and
-accompanied by sufficint acknowledgement

instruction-illustrate a point about the taught subject matter
encompasses persons receiving the instruction

Question 10

general defences continues

Answer 10

-education establishments sc32-36
-libraries, archives and museums sc37-44
-incidental inclusion sc31- not infringed by its acidenal inclusion in an artistic work, sound recording, film or broadcast (football association premier league v panini 2004)
-provisions for disability sc31A-F- includes both physical and mental impairmnets which prevents the person from enjoying a wrok to substantially the same degree as a person who does not have impairments
-computer programs- sc50A-D
-electronic form- sc56