''Pro Sieben Media v Carlton Television''
999 999 or triple nine most often refers to:
* 999 (emergency telephone number), a telephone number for the emergency services in several countries
* 999 (number), an integer
* AD 999, a year
* 999 BC, a year
Books
* ''999'' (anthology) or ''999: T ...
1 WLR 605 was a decision by the
Court of Appeal of England and Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wal ...
over the
fair dealing
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.
Fair dealing is an en ...
exception to
United Kingdom copyright law
Under the law of United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject-matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988 (the 1988 Act), as amended from time to time. A ...
.
ProSieben
ProSieben (, ''sieben'' is German for "seven"; often stylized as Pro7) is a German free-to-air television network owned by ProSiebenSat.1 Media.
It was launched on 1 January 1989. It is Germany's second-largest privately owned television company ...
had broadcast an interview on ''
Taff
Taff may refer to:
* River Taff, a large river in Wales
* ''Taff'' (TV series), a German tabloid news programme
* Trans-Atlantic Fan Fund, an organisation for science fiction fandom
People
* a demonym for anyone from south Wales
* Jerry Taff ( ...
'' with Mandy Allwood, a woman who was pregnant with octuplets.
Carlton Television
Carlton Television (now part of the non-franchised ITV London region) was the ITV franchise holder for London and the surrounding counties from 9.25am every Monday to 5.15pm every Friday. The company is now managed with London Weekend Televi ...
produced a current affairs program that used a 30 second extract from this interview, and had copied the entire program for the purposes of selecting the extract to be used.
Pro Sieben Media sued Carlton, alleging copyright infringement, while Carlton argued that the use of the extract constituted fair dealing, as it was for the purposes of criticism or review, or for reporting current events.
After losing in front of
Laddie J in the
High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...
, Carlton appealed the decision to the Court of Appeal, where the case was heard by
Walker
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People
*Walker (given name)
*Walker (surname)
*Walker (Brazilian footballer) (born 1982), Brazilian footballer
Places
In the United States
*Walker, Arizona, in Yavapai County
*Walker, Mono County, California
* ...
,
Henry
Henry may refer to:
People
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Royalty
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and
Nourse LJJ. In a decision written by Walker, and unanimously supported, the Court of Appeal confirmed that criticism or review as a concept did not just require criticism or review of the work being copied, but could also cover the social or moral implications of the work and ideas found within it. As such, the Carlton program, which was created to criticise
chequebook journalism
Chequebook journalism ( en-US, checkbook journalism) is the controversial practice of news reporters paying sources for their information. In the U.S. it is generally considered unethical, with most mainstream newspapers and news shows having a po ...
, could use the ''Taff'' extract and claim fair dealing as a valid defence.
[Aplin & Davis (2009) p.151]
References
Bibliography
*
*{{cite book, last1=Bently, first1=Lionel, last2=Sherman, first2=Brad, title=Intellectual Property Law, edition=3rd, year=2009, publisher=Oxford University Press, isbn=978-0-19-929204-2, url-access=registration, url=https://archive.org/details/intellectualprop0000bent
1999 in United Kingdom case law
Court of Appeal (England and Wales) cases
United Kingdom copyright case law