Copyright - exceptions and limitations Flashcards
Pirate Bay case
PB were prosecuted for copyright infringement. They brought an action based on infringement of their rights under Article 10 ECHR, the court held that sharing information on the internet in the way which PB had done was covered by Article 10, but the courts rightly balanced the competing rights.
Ashby Donaldson and others v France
European Court of Human Rights recognised that prosecutions for copyright infringement may interfere with rights under Article 10 of the convention, although in this case there was no violation of Article 10.
Telekabel
Can ISPs be ordered to block access to certain websites? Yes, would be compatible with Human Rights, balancing exercise required
Sony/ATV case
Conclusion that kind of assessment under fair use (s107 US Copyright Act) isn’t completely different to assessment under closed list approach
Seltzer v Green Day (US)
Work photographed by S was in background of Green Day video (although colours were changed). Fair use approach - use of work was highly transformative, no breach.
Hyde Park v Yelland
Application to prevent publication of images of Princess Diana and Dodi Fayed. Public interest defence was raised as the images disproved certain claims about their whereabouts, the defence was refused. The public interest defence should not apply to copyright as the existing statute is comprehensive and offers other defences, the law of copyright protects the reproduction of a form of works and not the material contained within it and the defence was incompatible with the Berne Convention. Fair dealing - amount (and quality) taken, use made of the work, effects on the market for original work, unpublished work not so fair. Court must “judge the fairness by the objective standard of whether a fair minded and honest person would have dealt with the copyright work in the manner” in question.
Ashdown v Telegraph
Rejection of Hyde v Yelland and approval of the Lion case - as long as it is necessary to reproduce the works in identical form and if other defences failed then the public interest defence could be used, however circumstances in which it can be accepted are very rare. Fairness test wasn’t met, reproduction was too extensive. Reform suggested - brought in in 2014.
ACI Adam
Was Dutch arrangement which allowed download of music files for personal use from licensed (or unlicensed) sources against the law? Complied with 3 step test? Would conflict with normal exploitation of the work and would also unreasonably prejudice author’s legitimate interests.
