Film ‘Clockwork Orange’ was removed from British market at request of its director in 1970s. Channel 4 wished to make documentary on it, so purchased a copy from a Parisian store rather than ask the owner of copyright for permission to make documentary. Amount of film excerpted in documentary was around 10%. C sued, D relied on defence of fair dealing for purposes of review/criticism. Held:
· D was not in breach of copyright.
· This despite fact that 10% of the film (a large proportion) had been copied
Ø this because quantity of review/criticism was even greater, and of a very high quality
· If work is already published, fact that it was obtained in underhand manner irrelevant to question of whether D’s dealing was ‘fair’.
Ø rather here, ‘fairness ‘ depends primarily upon how work is treated by D