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Ashdown v Telegraph Group Ltd

[2001] EWCA Civ 1142 Court of Appeal, 2001

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What the court held

Paddy Ashdown's copyright in his private diary was infringed when the Sunday Telegraph published substantial verbatim extracts. Court of Appeal held the fair-dealing defences were not made out on the facts and rejected an Article 10 override.

Key rulings

  • Extensive verbatim quotation of a private diary went beyond fair dealing for criticism/review or news reporting.
  • Article 10 does not create a general public-interest override to copyright.
  • Courts consider the effect on the market/value of the work.

Topics

CopyrightFair dealingArticle 10 ECHR

Acts cited

  • Copyright, Designs and Patents Act 1988

Authoritative source

Read the full judgment on BAILII (British and Irish Legal Information Institute):

https://www.bailii.org/ew/cases/EWCA/Civ/2001/1142.html

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Case summaries are drafted by UK JournoHub Editorial for practising UK journalists. They are not legal advice. Always consult primary sources and, for high-risk stories, take specialist legal advice.