Other key bits for mock Flashcards
What is the name of the Act related to copyright
Copyright, Designs and Patents Act 1988
Is there fair dealing with photographs?
No
What is fair dealing?
Allows us to use other people’s copy as long as we credit them and don’t use too much material, but there is no fair dealing in images, it does apply to video but only if it is a short clip and is credited.
What are three main elements to Breach of Confidence?
Information has to be confidential - ‘quality of confdience’ e.g. health records, private diaries, there must be a duty on the person to keep information secret, formal or informal and the breach must be seen to be of detriment to another
What is the redress for Breach of Confidence
Award of damages, injunction, order for return or material and order to reveal source
What are the defences agains breach of confidence
Info lacks ‘quality of confidence’, info already in public domain and in public interest.
Which IPSO clause protects confidentiality of sources
14
What is the privacy law
Enshrined in Article 8 of the European Convention on Human Rights
Which IPSO Code is the privacy regulation
Clause 2, also in section 8, rule 8.1 of Offcom
What does Article 8 of the ECoHR say
Under a privacy claim, the court must consider whether there is a “reasonable expectation” of privacy
What would override a persons right to privacy
Public interest
