D, the BBC, broadcast a programme critical of celebrity journalism. As part of programme, BBC used a number of photographs of Victoria Beckham. C sued, D relied on defence of fair dealing for purpose of criticism and review. Held:
· Use of photographs was fair.
i) Use of photos was so fleeting that it would not prejudice their subsequent commercial value
ii) Use of photos was not excessive, as any legitimate reproduction of photos will inevitably require a large part of photo to be reproduced