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Defences to Infringement of Copyright
Consent
Copyright is not infringed if the owner consents to the copying or other exploitation of the work. The first difficulty is identifying who is the owner of the various copyrights. In some works (eg. a television play) it is possible for different people to own the copyright in the script, the photographs, the sound track, the dramatic screenplay, the film recording, the play and the broadcast. Even if the owners can be identified, there is generally no obligation on them to sell reproduction rights.
Some web-sites only offer access to music tracks etc. with the approval of the recording artists and record labels. Downloading from these sites will be lawful because the owners of the copyright have given their consent.
Public interest
Public interest does not appear in the Copyright, Designs and Patents Act 1988. However, the courts have said that, just as they will not stop publication of confidential information which is in the public interest, they would not prohibit the infringement of another’s copyright where the public interest in publication outweighed the private right of property. The defence is based on the idea that the public’s need to know should sometimes override the copyright owner’s right to restrict or prevent publication (and takes into account the right to freedom of expression explained above).
Permitted Acts under the Copyright, Designs and Patents Act 1988
Permitted acts include use of a work for:
The fair use of another’s work for the purpose of criticism or review, or the reporting of current events, does not amount to an infringement of copyright. The originator of the work must be acknowledged in a criticism or review and in the print media’s news reporting, but not in the broadcast media. Fair dealing does not apply to photographs. In an important case concerning a critical book about Scientology, which made use of unpublished internal Scientology documents, the courts confirmed that the defence of fair dealing could apply, even though the work had not previously been published and even though the criticism was directed at the contents of the work rather than its style.
Copyright is not infringed if the owner consents to the copying or other exploitation of the work. The first difficulty is identifying who is the owner of the various copyrights. In some works (eg. a television play) it is possible for different people to own the copyright in the script, the photographs, the sound track, the dramatic screenplay, the film recording, the play and the broadcast. Even if the owners can be identified, there is generally no obligation on them to sell reproduction rights.
Some web-sites only offer access to music tracks etc. with the approval of the recording artists and record labels. Downloading from these sites will be lawful because the owners of the copyright have given their consent.
Public interest
Public interest does not appear in the Copyright, Designs and Patents Act 1988. However, the courts have said that, just as they will not stop publication of confidential information which is in the public interest, they would not prohibit the infringement of another’s copyright where the public interest in publication outweighed the private right of property. The defence is based on the idea that the public’s need to know should sometimes override the copyright owner’s right to restrict or prevent publication (and takes into account the right to freedom of expression explained above).
Permitted Acts under the Copyright, Designs and Patents Act 1988
Permitted acts include use of a work for:
- Research or private study.
- Criticism, review or reporting of current events provided it is fair dealing.
- Incidental inclusion.
- Things done for the purposes of instruction or examination.
- Anthologies for educational use.
- Copying by libraries and archives.
- Anything done for the purposes of parliamentary or judicial proceedings.
- Copying of material open to public inspection or on an official register.
The fair use of another’s work for the purpose of criticism or review, or the reporting of current events, does not amount to an infringement of copyright. The originator of the work must be acknowledged in a criticism or review and in the print media’s news reporting, but not in the broadcast media. Fair dealing does not apply to photographs. In an important case concerning a critical book about Scientology, which made use of unpublished internal Scientology documents, the courts confirmed that the defence of fair dealing could apply, even though the work had not previously been published and even though the criticism was directed at the contents of the work rather than its style.
