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Time Warner v Channel 4

[1994] EMLR 1

Case summary last updated at 29/01/2020 18:10 by the Oxbridge Notes in-house law team.

Judgement for the case Time Warner v Channel 4

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

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