Fair dealing for private study. Publisher making study notes on books and plays to help students study. Could not rely on the defence as it was not for their own private study. Exposition of the content of the original work, no critical content, not so broad to cover where no criticism. Intended as a substitute for the original for idol student not criticism
Pro Sieben Media AG v Carlton Television Ltd
Woman undergoing fertility treatment, got pregnant, 8 embryos implanted. Usually took hold. Told not to abort any. Paid 30,000 for interview with german TV. Big story - checkpoint journalism with Octomum. 30 second extract of interview - D said was copy but was criticism and review. CofA: broad approach to criticism and review - not limited to style of work, may be the ideas found in the work and social implications. Was criticising checkpoint journalism.
Time Warner v Channel 4
Clockwork orange film. CR in the film. Owner of CR, wanted to withdraw from circulation. Shown in Europe still. Wanted to make documentary about the case to remove from circulation - got laser disc copy. Incorporated 12 clips of films into documentary amounted to 12 and a half minutes. Copying of substantial part. Purpose of showing was not criticism but sensitisation? Campaign to get it to be shown - criticising decision to withdraw not the film itself - did not mean wasnt of work - suitable matter of public debate
Hubbard v Vosper
V member of Church of Scientology - book used quotes from scientology books. Not criticism of work but scientology itself. Boundaries? You can criticise the underlying philosophy of the work and it counts as the work - very broad.
Pro sieben Media
Fair dealing is a question of fact and impression. Degree with which work competes with exploitation of work, amount of original work taken. Purpose of the use, necessitating of use, original work already published, motives of copier.
Fraser-Woodward Ltd v BBC
Photgrapher, CR in Beckham photos. Licensed to newspapers. Certain images in tabloid on BBC, showing Victoria could dictate the press. No permission from FW to include. Infrigenemtn - fair dealing? Mann: is there criticism and review, is it a work another work or performance? Criticism and review is broad. Look at 1. motive 2. is it a matter of impression 3. purpose of the copyist's use is important 4. amount taken is important