Pro Sieben Media A.G. v Carlton Television Ltd & Anor [1998] EWCA Civ 2001 (17 December 1998)

Pro Sieben Media A.G. v Carlton Television Ltd & Anor [1998] EWCA Civ 2001 (17 December 1998)

The use of the 30-second extract from the TAFF report in the Carlton programme was for the purpose of criticism of chequebook journalism and/or reporting current events, constituted fair dealing under s.30(1) and s.30(2) of the Copyright, Designs and Patents Act 1988, and was accompanied by sufficient acknowledgement through the display of the TAFF title and Pro Sieben logo; therefore, no copyright infringement occurred.

Citation
[1998] EWCA Civ 2001
Parties
Plaintiff/respondent: Pro Sieben Media AG; Defendant/appellant: Carlton UK Television Ltd; Defendant/appellant: Twenty Twenty Television Ltd
Jurisdiction
England and Wales
Judgment Date
17 December 1998
Procedural Posture
Appeal / Judgment on Appeal From Trial Court
Outcome
Appeal allowed; action dismissed
Legal Topics
Copyright Infringement, Fair Dealing, Criticism or Review, Reporting Current Events, Sufficient Acknowledgement
Intellectual Property Media Law Copyright Infringement Fair Dealing Criticism or Review Reporting Current Events Sufficient Acknowledgement

Case Brief

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Parties

Pro Sieben Media AG

Plaintiff/respondent

Carlton UK Television Ltd

Defendant/appellant

Twenty Twenty Television Ltd

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Trial Court

Legal Issues

  1. 1 Whether the inclusion of a 30-second extract from Pro Sieben's TAFF report in the Carlton programme constituted copyright infringement
  2. 2 Whether the use qualified as fair dealing for criticism or review under s.30(1) of the Copyright, Designs and Patents Act 1988
  3. 3 Whether the use qualified as fair dealing for reporting current events under s.30(2) of the Copyright, Designs and Patents Act 1988

Ratio Decidendi

The use of the 30-second extract from the TAFF report in the Carlton programme was for the purpose of criticism of chequebook journalism and/or reporting current events, constituted fair dealing under s.30(1) and s.30(2) of the Copyright, Designs and Patents Act 1988, and was accompanied by sufficient acknowledgement through the display of the TAFF title and Pro Sieben logo; therefore, no copyright infringement occurred.

Court Disposition

Appeal allowed; action dismissed

Orders

  • Judge's order discharged
  • Action dismissed