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.htmlRelated landmark cases
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