Cases

Fraser-Woodward Ltd v BBC & Brighter Pictures Ltd

Held

The Court held, dismissing the claim, that in respect of all but one of the photographs the use was for the purposes of criticism and review of other works, namely the tabloid press and magazines, applying Pro Sieben AG v Carlton UK TV Ltd [1999] and that the use was fair. Whilst Ashdown v Telegraph Group Ltd was authority for the proposition that the criticism must be of a work or another work and it was not sufficient to criticise anything to invoke the section, there was no requirement that the criticism and review contain specific reference to the work in question. The use of the remaining photograph amounted to incidental inclusion. Sufficient acknowledgment did not need to be express and it did not need to be a contemporaneous act of identification.

Also