Copyright, breach of confidence, confidential sources

Copyright, Designs + Patent Act 1988

Breach of copyright can lead to injunction and damages, covers speeches, maps, drawings, photos, films, recordings, TV, social media

Written work copyright

Cannot lift substantial part of another person’s work

No copyright in news of facts or rewriting them — only in the way it’s presented

Quotes, interviews, and footage IS copyrighted — cannot rewrite another’s quotes

Lifting is a breach of copyright so be careful with verbatim phrases and quotes — only use a few quotes

2 Defences for using someone’s work

1. Get permission

2. Fair dealing

Fair dealing

Copying for the purpose of reporting current events

1. Allows some copyright material as long as its not excessive

2. You dont need to ask permission but copyright owner must be acknowledged

3. Material must be publicly available

Case study: Duchess of Sussex vs ANL

The defence for fair dealing

for the purpose of reporting current events can protect such copying

Videos and defence

Copyright belongs to the person who shot the video or employer

Embedding is fine

Defence: getting permission and fair dealing (few seconds)

Photos

Copyright belongs to photographer or employer — social media counts

People in photos have no control over the use of their image

Photos have no fair dealing

The commissioner of pictures

Moral right if a photo or film is commissioned for private or domestic use — weddings or anniversaries

The photographer and the commissioner have copyright

Who does confidentiality apply to?

Anyone who receives the material and realises it’s confidential (if they have an obligation of confidence)

What elements are in breach of confidence?

1. Info must be confidential quality of confidence

2. Duty on person to keep info secret obligation of confidence

3. Breach must be detrimental

Quality of confidence. What is the judge asking?

Is this info confidential?

This info cannot already be in the public domain

Obligation of confidence

Consider:

1. Information is confidential quality

2. Duty of confidence due to CIRCUMSTANCES

3. Dut of confidence due to RELATIONSHIP between parties

Detrimental to publish

Just because something has the word confidential doesn’t make it protected by the law

Do journalists have a duty of confidence?

If you know something is confidential you are under obligation to keep it confidential unless your source didn’t have an obligation

Public interest exception to breach

IPSO public interest applies

Lion Laboratories vs, Evans — difference between the public interest and what is in the interest of the public

Correcting a false image defence in breach

Journalists can break breach to correct a false image — Campbell vs, The Mirror

Confidential sources

Ethical obligation to protect sources under Clause 14 of ISPO

Section 10 of Contempt of Court Act 1081 — can be told to disclose sources

Broadmoor case: example of when police applied unsuccessfully for an order to disclose sources

Article 10 of ECHR

Journalists shouldn’t have to disclose sources unless the court deems necessary

Goodwin case: went to ECHR and didn’t reveal sources

Protection of sources: how to

Only take a confidential story if it’s in public interest

Warn source about the risks

Confer on how source should be described

Check with source before publishing