Comparative advertising and celebrity photographs--fair dealing under the CDPA 1988 |
| |
Authors: | Griffiths Jonathan |
| |
Affiliation: | * Senior Lecturer, Department of Law, Queen Mary, University of London |
| |
Abstract: | Legal context. Legal context. This article reviews the conceptof fair dealing under Copyright Designs and PatentsAct 1988, section 30. It does so in the context of to recentcases concerning the fair dealing defence, IPC Media Ltd v NewsGroup Newspapers Ltd and Fraser Woodward Ltd v BBC are considered. Key points. The traditional approach of courts to fairdealing is based upon a number of factorsconsidered relevant in determining whether a use of a copyrightwork is fair. The article argues that there are a number ofproblems with this approach. In particular, it claims that theapproach is unsystematic and rests upon a number of questionableassumptions. It suggests that the decision of Hart J in IPCMedia Ltd demonstrates these problems to a very significantdegree. In contrast, that of Mann J in Fraser Woodward Ltd provideswelcome guidance on the application of the concept of fairnessin certain cases. Practical significance. The criticisms made in this articlehighlight a number of discrepancies in the existing case lawand suggest a need for closer consideration and greater disciplinein decision-making in this area. |
| |
Keywords: | |
本文献已被 Oxford 等数据库收录! |
|