Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter deals with the law of defamation. The basic rules of the common law of defamation state that: A is liable for saying anything to C about B which would be apt to make an average citizen think worse of the latter. In principle, B can sue A without having to show that what A said was false, that it caused him any harm, or that A was at any way at fault in saying it. The chapter distinguishes between what is ‘defamatory’ and what is not. It discusses the liability for the act of communication is called ‘publication’. It also considers defences: to apparent allegations of fact, the only defences are truth (called ‘justification’) and privilege; for statements of opinion, which cannot be false but at the most simulated, the defence is ‘fair comment on a matter of public interest’.
4. Copyright III:Infringement, Exceptions, and Database Right
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the circumstances in which an owner’s economic rights may be infringed and the exceptions and limitations to copyright infringement, including fair dealing for research and private study, reporting current events, criticism or review, and quotation. The chapter explores recent cases relevant to these exceptions and how the UK’s departure from the EU may affect judicial interpretation and how technological protection measures interrelate with copyright exceptions. It also examines the sui generis database right.
9. Breach of Confidence
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the action for breach of confidence as it relates to commercial secrets. It first considers the jurisdictional basis of the action for breach of confidence and then discusses the elements for establishing a breach of confidence. The first element is that there must be confidential information; the second element is that the defendant comes under an obligation of confidence; the third element of a breach of confidence requires an unauthorized use of the information to the detriment of the person communicating it. The chapter also reviews the main confidentiality obligations that apply to employees and ex-employees with regards to commercial secrets. Finally, the chapter considers UK implementation of the Trade Secrets Directive and its relationship to breach of confidence.