Hyde Park Residence Ltd v Yelland

The publication of stills from a security video of Princess Diana and Dodi Fayed was not fair dealing for reporting current events, and was not justified in the public interest.

Citation
[2001] Ch 143
Court
Court of Appeal (Civil Division)
Year
2001
Subject
Intellectual Property Law
Topic
Copyright: infringement and defences

Facts

After the deaths of Princess Diana and Dodi Fayed in Paris in 1997, Mohamed Al Fayed, Dodi Fayed's father, made public statements about their relationship and their plans. A security guard employed by Hyde Park Residence, a company associated with Mr Al Fayed, made copies of stills from the security video of a villa owned by Mr Al Fayed, which showed the couple's short visit there, and sold them to The Sun, which published them to show that Mr Al Fayed's statements were untrue. Hyde Park Residence sued for infringement of copyright.

Legal principle

The Court of Appeal held that the publication infringed copyright. Aldous LJ said that the fair dealing defence for reporting current events did not apply, because the stills did not need to be published to show that the couple's visit had been short, which could have been reported in words, and the information had been obtained in breach of confidence. He also said that the defence of public interest could only apply in exceptional circumstances, where enforcing copyright would offend against the policy of the law, which was not the case here.

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