This chapter discusses exceptions and limitations to the rights of the copyright owner. Copyright law establishes many such exceptions and limitations, listed in the Copyright, Designs and Patents Act 1988 (CDPA 1988) as the ‘permitted acts’. These acts can be carried out in relation to the copyright work without the owner’s permission or, in some cases, can be performed subject to terms and conditions specified by the statute rather than by the copyright owner. The chapter discusses the influence of the international framework and EU Directives on exceptions and limitations. It analyses the ‘permitted acts’ and discusses the freedoms afforded through them to users of protected works in the UK, and also briefly considers how far they may be set aside by contractual provision.
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This chapter examines defamation cases arising from traditional media sites and user-generated media entries. It first provides an overview of the tort of defamation, and the issue of who is responsible and potentially liable for an online defamatory statement. It then looks at the Defamation Act 2013, considering when defences may be raised to a claim in defamation, and how online publication and republication may result in defamation. Four cases are analysed: Dow Jones v Gutnick, Loutchansky v Times Newspapers, King v Lewis, and Jameel v Dow Jones. The chapter explores intermediary liability, particularly the liability of UK internet service providers, by citing recent decisions on intermediary liability such as Tamiz v Google, Delfi v Estonia, and MTE v Hungary, as well as specific intermediary defences found in the Defamation Act 2013. The chapter concludes by discussing key social media cases such as McAlpine v Bercow and Monroe v Hopkins.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter looks at easements and profits considering in particular: types of easement (eg express and implied easements); the nature of an easement; the creation of easements; and other rights, such as profits à prendre. The question of whether the categories of easement can be extended is a popular debate, and the quotation ‘the categories of easements are not frozen’reflects this. Modern useages may be highly relevant in the determination of this legal question.
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This chapter examines defamation cases arising from traditional media sites and user-generated media entries. It first provides an overview of the tort of defamation, and the issue of who is responsible and potentially liable for an online defamatory statement. The chapter looks at the Defamation Act 2013 and discusses when defences may be raised to a claim in defamation, and how online publication and republication may result in defamation. It also analyses a number of cases on tort and its defences including cases: Dow Jones v Gutnick, King v Lewis, and Jameel v Dow Jones and Riley v Murray. The chapter discusses intermediary liability, particularly the liability of internet service providers in the UK, by citing decisions on intermediary liability such as Tamiz v Google, Delfi v Estonia and MTE v Hungary as well as specific intermediary defences found in the Defamation Act 2013. The chapter concludes by discussing key social media cases such as McAlpine v Bercow and Monroe v Hopkins.
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This new chapter examines the sometimes fraught relationship between authors, publishers and distributors, and fans. While copyright law protects authors and creators, and while publishers and distributors benefit from either assigned copyright or specific copyright protection of distribution and transmission of content, fans are sometimes ‘shut out’. A flourishing online community of fan creators who produce written fanfiction, remixed music, and fan videos sometimes feel copyright law is designed to keep them at a distance from the creators and characters they love. This chapter examines where the balance should be drawn between copyright protection for original content and the interests of fans and other users in creating non-commercial derivative works. It concludes with a short discussion of computer-generated works as a form of original creation.
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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 is concerned with easements. An easement is the proprietary right to enjoy limited use of the land of another, which may exist in both positive and negative form. To constitute an easement, a right over the land of another must display certain characteristics. If these characteristics are not present, the right over the land of another is merely a personal right. An easement may be created by express, implied, or presumed grant. As a proprietary right, an easement is not easy to extinguish, but, in the case of freehold land, easement will be extinguished where the dominant and servient land come into common ownership and an easement attached to a lease may sometimes be extinguished upon the termination of that lease.
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This chapter considers two ‘land torts’: trespass to land and private nuisance. Trespass to land protects a person in possession of land against direct invasion of his property. The right to sue includes not only those with a proprietorial interest in the land, such as owners and tenants, but also those who have exclusive occupation such as squatters. The fact that any invasion of land, however minute and whether it causes damage or not, is a trespass, indicates that the primary function of this tort is to protect rights in property, rather than simply to provide compensation. The chapter continues by distinguishing between public and private nuisance. It then discusses the interests protected in private nuisance; the standard of reasonable user; the person(s) liable for nuisance; remoteness of damage; statutory authority and planning permission; and the effect of the Human Rights Act 1998 on nuisance claims.
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This chapter discusses exceptions and limitations to the rights of the copyright owner. Copyright law establishes many such exceptions and limitations, listed in the Copyright, Designs and Patents Act 1988 (CDPA 1988) as the ‘permitted acts’. These acts can be carried out in relation to the copyright work without the owner’s permission or, in some cases, can be performed subject to terms and conditions specified by the statute rather than by the copyright owner. The chapter discusses the influence of the international framework and EU directives on exceptions and limitations. It analyses the ‘permitted acts’ and discusses the freedoms afforded through them to users of protected works in the UK, and also briefly considers how far they may be set aside by contractual provision.
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This chapter examines the sometimes fraught relationship between authors, publishers and distributors, and fans. While copyright law protects authors and creators, and while publishers and distributors benefit from either assigned copyright or specific copyright protection of distribution and transmission of content, fans are sometimes ‘shut out’. A flourishing online community of fan creators who produce written fanfiction, remixed music, and fan videos sometimes feel copyright law is designed to keep them at a distance from the creators and characters they love. This chapter examines where the balance should be drawn between copyright protection for original content and the interests of fans and other users in creating non-commercial derivative works. It concludes with an expanded discussion of AI generated works as a form of original creation and AI infringement.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines non-compensatory remedies for breach of contract. It analyses why a non-compensatory remedy can be desirable and discusses the four types of non-compensatory remedies. These include restitution for total failure of basis, forfeiture of deposits, negotiation damages (or the ‘user principle’), disgorgement, and punitive damages.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines non-compensatory remedies for breach of contract. It analyses why a non-compensatory remedy can be desirable and discusses the four types of non-compensatory remedies. These include restitution for total failure of basis, forfeiture of deposits, negotiation damages (or the user principle), disgorgement, and punitive damages.
