Sun published stills from security camera footage which showed Princess Diana and Dodi Al-Fayed arriving and leaving a Paris villa. Owner of villa brought action for breach of copyright. D argued publication was fair dealing for purposes of reporting current events (current event was the recent statement of Mohammed Al-Fayed that the couple were engaged and had gone to the villa to discuss wedding plans, which the Sun believed the stills disproved). Held:
· Printing of stills was for purposes of reporting a current event.
· However it was not ‘fair’
Ø printing of stills on its own did not prove whether Diana and Dodi were engaged or not.
– thus was not necessary to print any of the stills to report the current event.
Ø in addition the stills were obtained in breach of confidence and had not been intended for publication.