COPYRIGHT LAWS

Question 1

SECTION 30 COPYRIGHT, DESIGNS AND PATENTS ACT 1988

Answer 1

Fair Dealings defence - Protects publication of copyrighted work “for the purpose of reporting current events” even without consent

Amount we use must not be excessive

Must attribute sources

Acquiescence - If copyright owner becomes aware of breach but does nothing for a significant amount of time, and then later takes legal action, a judge may decide that they have implicitly agreed to the copying – no set legal time for this

Question 2

2014 EUROPEAN COURT OF JUSTICE RULING

Answer 2

Hyperlinks not a copyright issue, because the material in dispute was freely available online

Question 3

PUBLIC INTEREST DEFENCE

Answer 3

Police may ask media to publish a photo which they don’t own the copyright for – in connection with an investigation

Exposure of a crime – rule about images and no-fair-dealing will not apply if the use has been in connection with exposure of work held to be damaging to public life, administration of justice, health, safety etc. – LIMITED – not just any crime.
ESSENTIALLY - Can publish photo you don’t have right to if it exposes crime, but LIMITED and not any crime

Question 4

‘MORAL RIGHT’ COPYRIGHT, DESIGNS AND PATENTS ACT 1988

Answer 4

commissioners of photos or films the ability to sue if there is misuse of their pictures. No photo or film should be published, issued or exhibited without their permission.