Pro Sieben Media v Carlton Television
Encyclopedia
Pro Sieben Media v Carlton Television [1999] 1 WLR 605
was a decision by the Court of Appeal of England and Wales
over the fair dealing
exception to United Kingdom copyright law
. ProSieben had broadcast an interview on Taff
with Mandy Allwood, a woman who was pregnant with octuplets. Carlton Television
produced a current affairs program that used a 30 second extract from this interview, and had copied the entire program for the purposes of selecting the extract to be used. Pro Sieben Media
sued Carlton, alleging copyright infringement, while Carlton argued that the use of the extract constituted fair dealing, as it was for the purposes of criticism or review, or for reporting current events.
After losing in front of Laddie J
in the High Court of Justice
, Carlton appealed the decision to the Court of Appeal, where the case was heard by Walker
, Henry and Nourse LJJ. In a decision written by Walker, and unanimously supported, the Court of Appeal confirmed that criticism or review as a concept did not just require criticism or review of the work being copied, but could also cover the social or moral implications of the work and ideas found within it. As such, the Carlton program, which was created to criticise chequebook journalism
, could use the Taff extract and claim fair dealing as a valid defence.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
was a decision by the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
over the fair dealing
Fair dealing in United Kingdom law
Fair dealing in United Kingdom law is a doctrine which provides an exception to United Kingdom copyright law, in cases where the copyright infringement is for the purposes of non-commercial research or study, criticism or review, or for the reporting of current events...
exception to United Kingdom copyright law
Copyright law of the United Kingdom
The modern concept of copyright originated in the United Kingdom, in the year 1710, with the Statute of Anne.The current copyright law of the United Kingdom is to be found in the Copyright, Designs and Patents Act 1988 , as amended...
. ProSieben had broadcast an interview on Taff
Taff (Pro 7)
Taff is a tabloid news magazine airing on the German television network, ProSieben....
with Mandy Allwood, a woman who was pregnant with octuplets. Carlton Television
Carlton Television
Carlton Television was the ITV franchise holder for London and the surrounding counties including the cities of Solihull and Coventry of the West Midlands, south Suffolk, middle and east Hampshire, Oxfordshire, south Bedfordshire, south Northamptonshire, parts of Herefordshire & Worcestershire,...
produced a current affairs program that used a 30 second extract from this interview, and had copied the entire program for the purposes of selecting the extract to be used. Pro Sieben Media
ProSiebenSat.1 Media
ProSiebenSat.1 Media AG is a European media conglomerate, operating commercial television, premium pay channels, radio stations and related print businesses. It was formed on October 2, 2000 by merger of German TV broadcasters ProSieben Media AG and Sat.1 SatellitenFernsehen GmbH...
sued Carlton, alleging copyright infringement, while Carlton argued that the use of the extract constituted fair dealing, as it was for the purposes of criticism or review, or for reporting current events.
After losing in front of Laddie J
Hugh Laddie
Sir Hugh Ian Lang Laddie was a British High Court judge, lawyer, professor, and a specialist in intellectual property law. He was considered one the leading English judges and academics in the field of intellectual property law...
in the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, Carlton appealed the decision to the Court of Appeal, where the case was heard by Walker
Robert Walker, Baron Walker of Gestingthorpe
Robert Walker, Baron Walker of Gestingthorpe, PC, QC is an English barrister and Justice of the Supreme Court of the United Kingdom...
, Henry and Nourse LJJ. In a decision written by Walker, and unanimously supported, the Court of Appeal confirmed that criticism or review as a concept did not just require criticism or review of the work being copied, but could also cover the social or moral implications of the work and ideas found within it. As such, the Carlton program, which was created to criticise chequebook journalism
Chequebook journalism
Chequebook journalism is the form of journalism where the essential characteristic is that the journalist pays the subject of the work money for the right to publish his story....
, could use the Taff extract and claim fair dealing as a valid defence.