Claimant wrote an internal memorandum relating to a member of the government which was leaked to Private Eye, who then published it.
Defendant sought to rely on defence of ‘fair dealing for the purposes of review or criticism’.
For unpublished works, is generally not ‘fair’ dealing to reproduce any of work at all.
This is especially case where unpublished work has been ‘leaked’ by unidentified source, or obtained in breach of confidence.
Thus on facts, Defendant could not rely on defence of fair dealing.
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Intellectual Property Law | Copyright Permitted Acts And Defences Notes (9 pages) |