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Beloff v Pressdram Ltd [1973] RPC 756

Country:
United Kingdom
  • Claimant wrote an internal memorandum relating to a member of the government which was leaked to Private Eye, who then published it.

  • Defendant sought to rely on defence of ‘fair dealing for the purposes of review or criticism’.

Held

  • For unpublished works, is generally not ‘fair’ dealing to reproduce any of work at all.

    • This is especially case where unpublished work has been ‘leaked’ by unidentified source, or obtained in breach of confidence.

  • Thus on facts, Defendant could not rely on defence of fair dealing.

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