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Thai) 2:
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Although the appeal was ultimately dismissed, the judgment is important for establishing that Article 10 considerations might, in an appropriate case, require the Court to grant a public interest defence beyond the protection offered under s.30 of the Act for fair dealing. The Court disagreed with Aldous LJ’s decision in Hyde Park Residence Ltd v Yelland [2001] Ch 143; [2000] 3 WLR 215; [2000] EMLR 363; [2000] RPC 604 that the CDPA 1988 represented a comprehensive code which had performed the balancing process between competing rights of property interests and freedom of expression leaving no room for a free-standing defence of public interest. There would be cases – albeit this was not one – where the republication of the form would be as, if not more, important than the contents. The traditional view of copyright meant that whilst the latter would be permissible, the former would lead a publisher into copyright difficulties given the particular limits of the s.30 defence.
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