On 2003-09-20 05:03:54 +0100 Fedor Zuev <[EMAIL PROTECTED]> wrote:
You may point to any relevant cases, or clarifications from
official bodies, or something similar?
Most of the relevant case law is not available online without
subscription, but for clarifications on why "fair dealing" is not
"fair use" you can look at cases such as Ashdown v Telegraph Group Ltd
2001, and Sweeny & Anor v. MacMillan Publishers Ltd & Anor 2001, which
are online at:
http://www.bailii.org/ew/cases/EWCA/Civ/2001/1142.html
http://www.bailii.org/ew/cases/EWHC/Ch/2001/460.html
I can't find anything trying to use the instruction section as a
defence, but maybe someone else will have more luck. I suspect it is
just that S.32 is more clear-cut and hasn't had many cases recently.
--
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