Page 95 - Law and the Media
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Law and the Media
3.5.4 Other defences under the CDPA
Copyright is not infringed if works are copied for the purpose of judicial proceedings or a
report of judicial proceedings. The CDPA extended this defence to cover proceedings of
Parliament or Royal Commissions.
Taking copies of material that is required by statute to be open to public inspection, including
public records and company records, is not an infringement.
There are also detailed rules about copyright where material is reproduced for educational
purposes or by libraries.
3.5.5 Public interest
The general public interest defence may also be raised. This is a common law rather than
statutory defence, which has been developed by the court in circumstances where published
material has been obtained unlawfully. Although there are no firm guidelines, the public
interest has been recognized as a defence to a copyright claim. In 1984 the Daily Express was
permitted by the court to publish copyright material concerning the accuracy of a machine
used to test the breath of drivers for alcohol (Lion Laboratories Ltd v Evans (1985)). In 1993
an injunction was refused in respect of extracts from the memoirs of Margaret Thatcher on
the grounds that the views of the last Prime Minister on certain topics such as contemporary
politicians were clearly a matter of public interest (see also Chapter 6).
3.6 No copyright
Public policy may prevent copyright existing in a work. In 1916, the courts held that a novel
entitled Three Weeks could not be the subject of copyright because it had an immoral theme.
The same book would be protected by copyright today, when even so-called ‘video nasties’
are the subject of copyright. The rule is very limited.
3.7 Duration of copyright
Copyright is a monopoly right. The law of copyright attempts to balance the protection of the
author with the need for a free flow of ideas and information in order to allow people free
access to works. In order to achieve this balance, copyright is limited in duration.
Duration
The copyright in all literary, dramatic, musical or artistic works under the CDPA lasts until
70 years from the end of the calendar year in which the author dies.
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