C wrote an internal memorandum relating to a member of the government which was leaked to Private Eye, who then published it. D sought to rely on defence of ‘fair dealing for the purposes of review or criticism’. Held:
· For unpublished works, is generally not ‘fair’ dealing to reproduce any of work at all.
Ø this is especially case where unpublished work has been ‘leaked’ by unidentified source, or obtained in breach of confidence.
· Thuson facts, D could not rely on defence of fair dealing.