Under S42 Copyright Act there is the Fair Dealing Defence. Part of this defence is News. What is a reasonable effluxion of time when the item can no longer be considered as News and loses protection of S42 defence
Where can I find Case Law in relation to S42 Fair Dealing. Has there been a ruling in regard to a relevant time period in regard to online publication by the media justifying its breach of copyright using S42?
Does an item lose its "newsworthiness" after 1 week, 2 weeks, 3 weeks .... subject to the nature of the subject matter?
Should Media remove digital content and social media content when it can no longer be considered as News when they are relying on S42 Fair Dealing as their defence.
If Media organisations fail to remove content from social media, when it has lost its status as News, then are they liable to pay a licence fee for the use of copyright material to the copyright owner for ongoing publication?
Thanks, Chris
Where can I find Case Law in relation to S42 Fair Dealing. Has there been a ruling in regard to a relevant time period in regard to online publication by the media justifying its breach of copyright using S42?
Does an item lose its "newsworthiness" after 1 week, 2 weeks, 3 weeks .... subject to the nature of the subject matter?
Should Media remove digital content and social media content when it can no longer be considered as News when they are relying on S42 Fair Dealing as their defence.
If Media organisations fail to remove content from social media, when it has lost its status as News, then are they liable to pay a licence fee for the use of copyright material to the copyright owner for ongoing publication?
Thanks, Chris