ions in cases involving fair dealing defences, where there is a reasonable defence in fair dealing in response to a copyright infringement action, it has been held that defendants to such actions may not be restrained by interim injunctions, as a matter of public interest and as a way of reflecting the ECHR jurisprudence embodied by Article 10 of the ECHR.
Communication to the public right
This is where the copyright owner gives permission for a third party to make copyrighted material available to a particular group of people. An example of this is the operation of an intranet.
Time shifting
It is permissible to make a copy of copyrighted material, to enable a person to view material at a more convenient time, but changes to the law now require that viewing of such material may only take place within domestic premises.
Academic Instruction
This exception permits a person to make a copy of copyrighted material without permission where that copy is made for the purposes of providing examination materials, for example for marking or examination purposes.
Broadcasting within educational institutions
An exception applies to the recording of copyrighted material that has been broadcast, for the purposes of allowing it to be viewed again within an educational institution.
Librarians
An exception applies to copyright law where library staff are permitted to make copies of copyrighted material without the prior permission of the author where this copy is made for users of the library, and it is not used for commercial purposes ().
Procedural matters
The construction of the Civil Procedure Rules may be said work in tandem with the body of law regulating copyright in the UK, and further it may be said that these rules and their construction compliment and shape this body of law and the operation of the exceptions to it.
A significant piece of legislation that is relevant procedurally is section 72 of the Supreme Court Act 1981 which removes the privilege of self incrimination in relation to intellectual property disputes, but at the same time ensures that no criminal prosecutions may be brought against individuals as a result of what they may be required to disclose as a result of this legislation.
Users - do they only benefit from a few very narrow exceptions?
It may be argued that users do only benefit from a very few very narrow exceptions. These exceptions appear in large part to compensate for people who have disabilities that prevent them from viewing work in what may be for them an inaccessible form and to provide some flexibility for educational institutions to provide education without being forced into strict compliance with copyright laws.
There is no reason why this should not be so i.e. no reason why users should only benefit from a very few narrow exceptions. Copyright law has a purpose, and this derives from the idea that any market value arising from someone's hard work should be capable of being preserved. Copyright protects original work carried out by individuals, or bodies and it is appropriate that there should be a mechanism whereby these rights should be protected.
It may further be argued that the laws protecting copyrighted material have beco
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