Parliamentary and judicial proceedings
Part I Copyright
(1)Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings.
(2)Copyright is not infringed by anything done for the purposes of reporting such proceedings; but this shall not be construed as authorising the copying of a work which is itself a published report of the proceedings.
“judicial proceedings”includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or liabilities;
Defined in s.178 · see it in the full Act(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.
Defined in s.17(1) · see it in the full Act(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.
Defined in s.17(1) · see it in the full ActThe court held that the judicial-proceedings exception did not cover use of mapping data in a planning application. The provision therefore did not supply a defence (see paras [14]-[15]).
Considers whether the use of the material was for the purposes of judicial proceedings, in which event copyright would not be infringed. The issue was sufficiently arguable and complex to reinforce the conclusion that prosecution was unrealistic. (see paras [110]-[116]; [197]-[200])
Interprets the judicial-proceedings exception as potentially covering copying made before proceedings where proceedings were foreseeable and the material might provide evidence. The defence was held to give Mr Altoft a real prospect of success. (see para [175])
What each judgment says about section 45 is in the case-law panel in the full Act.