Copyright Defences (Case Law) Flashcards
Which case defined the multi-factor approach to fairness under fair dealing?
a. Ashdown v Telegraph
b. Hubbard v Vosper
c. Hyde Park v Yelland
d. Pro Sieben v Carlton Television
Hubbard v Vosper - established the degree of use and public interest factors in determining fairness.
Which ruling emphasised that a parody must evoke an existing work while being noticeably different?
a. Shazam v OFDE
b. Deckmyn v Vandersteen
c. Time Warner v Channel 4
d. FAPL v QC Leisure
Deckmyn v Vandersteen - highlighted the two essential characteristics of a parody.
Under what circumstances is a public interest defence valid, as ruled in Ashdown v Telegraph?
When freedom of expression outweighs copyright interests.
What was determined in Hyde Park v Yelland regarding publication of unpublished works?
Unpublished works weigh against fair dealing.
What key judgment was made about incidental inclusion in FAPL v Panini UK?
Incidental inclusion must not be intentionally included.
The court in Pro Sieben v Carlton Television ruled that using extracts for criticism of journalistic practices was fair dealing.
True or False
True
Explanation: This case established fair dealing for criticism connected to journalistic standards.
The ruling in Hubbard v Vosper established that fair dealing required commercial competition between parties.
True or False
False
Explanation: The case emphasised public interest factors, not commercial competition.)
Sufficient acknowledgment is unnecessary when defending the use of quotations, as determined in Prescott v Pasternak.
False
Explanation: Acknowledgment is mandatory unless impractical, as ruled in this case.
Describe the significance of the Ashdown v Telegraph case in expanding the public interest defence.
The case clarified that freedom of expression can override copyright protections in rare cases of significant public interest, particularly when supported by the Human Rights Act.
What three factors influence fairness, as highlighted in Hyde Park v Yelland and Ashdown v Telegraph?
Factors include prior publication, the amount taken, and the use’s impact on the market.
What was the legal basis for website blocking orders in 20th Century Fox v BT (Newzbin II)?
The case established the use of Section 97A CDPA, granting injunctions against ISPs with actual knowledge of infringement.
Explain the legal reasoning behind the decision in Robin Ray v Classic FM for implied licenses.
The court ruled an implied license existed as it was inherent in the contract’s nature and necessary for business efficacy.
Summarize the judgment in Deckmyn v Vandersteen regarding parody.
The ruling defined that a parody must evoke the original work while being noticeably different and express humor or mockery, ensuring balance between copyright and freedom of expression.
