Copyright

Infringement - newspaper articles publishing extracts from copyright owner's work - balance between copyright law and right to freedom of expressionAshdown v Telegraph Group Ltd: CA (Lord Phillips of Worth Matravers MR, Lords Justice Robert Walker and Keene): 18 July 2001 A newspaper published extracts, including extensive verbatim passages, from the confidential minute of a meeting concerning plans for formal co-operation between two national political parties.The claimant, who had written the minute and was intending to publish his diaries after standing down as the leader of one of the parties, brought an action for breach of confidentiality and copyright infringement against the publisher of the newspaper.The claimant's application for summary judgment, on the copyright claim only, was granted.

The publisher appealed.Andrew Nicol QC and James Mellor (instructed by Olswang) for the publisher; Richard Spearman QC (instructed by Bates Wells & Braithwaite) for the claimant.Held, dismissing the appeal, that in the rare circumstances where the right of freedom of expression came into conflict with copyright protection in the Copyright, Designs and Patents Act 1988 the court was required to look closely at the facts to determine whether the 1988 Act accommodated the right of freedom of expression in article 10 of the Convention for the Protection of Human Rights; that if so it would usually be sufficient to refuse to grant an injunction; that where a newspaper considered it necessary to copy another's exact words, in principle the newspaper should indemnify the author for any loss caused to him, or account to him for any profit made as a result of copying his work; and that it was not arguable that the extent of the reproduction of the claimant's own words was justified or that article 10 required that the defendant should be permitted to profit from the claimant's copyright without paying compensation.

(WLR)