Exam Questions Flashcards
Hotpot times reporter gets an exclusive interview with an artist’s widow. She gives emotionally charged quotes. The story is published on their website. A few hours later the story word for word appears in a rival’s paper.
A - under what law could the Hopton Times sue the rival paper?
B- does the rival paper have any defence under this law against legal action? Has it met requirement for this defence?
C - what could the rival paper be ordered to do if the legal action is successful ?
A - copyright designs and patents act 1988. Protects original works such as this. The owner of copyright is the reporter’s employer - hopton times.
B-
Note that - there is no copyright in facts news info but there is in the way it’s expressed.
a paper being sued for copyright could appeal to the copyright designs and patents act 1988 fair dealing defence- section 30.
This allows for stories to be lifted to an extent without asking permission.
Providing this is not excessive- 10-30%, author of original material is credited and the material is publicly available (e.g. on the internet).
The fair dealing defence does not apply here as it only meets one criterion - the material is publically available. No permission was asked / credit given and word for word copying is extremely excessive.
Public interest defences - health and safety, immorality and damages to public life - i also don’t think would work here as it is not clear how this case warrants any of these defences.
C - paper could have to pay damages or return of copyright material - told not to continue publishing story.
