NCTJ ESSENTIAL MEDIA LAW COMPREHENSIVE EXAM
ACTUAL QUESTIONS AND ANSWERS SURE A+
✔✔What does 'leave and license' mean in defamation? - ✔✔The defence only works if
the claimant suing for libel has previously agreed that the material could be published.
✔✔What act governs copyright law? - ✔✔The Copyright, Designs and Patents Act 1988
✔✔Who is the 'first owner' of copyright in a literary, dramatic, musical or artistic work? -
✔✔The author as creator
✔✔What is the civil tort or criminal offence in copyright law? - ✔✔Unauthorised copying
of all or 'any substantial' part of any work.
✔✔Who is the owner of the copyright for journalistic articles or photos? - ✔✔Most likely
it would be the employer of the journalist, otherwise if the journalist was freelance then
they would be the 'first owners' of their work.
✔✔Can you infringe copyright if you hyperlink to another publisher's public material? -
✔✔No
✔✔What is rule for copyright of news stories? - ✔✔There is no copyright on facts, ideas
or information but their is in the form which the information is expressed which involves
skill and labour.
✔✔Who owns the copyright to a speech? - ✔✔The speaker
✔✔Who owns the copyright to a commercial photograph taken before August 1989? -
✔✔The person who commissioned the photograph.
✔✔Who owns the copyright to a commercial photograph taken before August 1989? -
✔✔The photographer themselves or their employer
✔✔What is the 'moral right' defence under s85 of the Copyright, Designs and Patents
Act 1988? - ✔✔'Moral right' is a privacy right which gives commissioners of photos or
films the ability to sue if there is misuse of their pictures. No photo or film should be
published, issued or exhibited without their permission.
✔✔What is the general rule for lifting stories? - ✔✔Re-writing versions of the facts
uncovered by others is fine although there may be infringement in lifting verbatim
phrases and quotes from the original report.
, ✔✔What is the 'fair dealing' defence for copyright? - ✔✔If you use an acknowledgment
and the work is public. This covers written and broadcast material but NOT photos. It
must be no more than necessary for the purposes of telling the story.
✔✔What section of the Copyright, Designs and Patents Act 1988 covers the 'fair
dealing' defence? - ✔✔Section 30
✔✔What does it mean if someone 'licences' copyrighted work to someone else? -
✔✔This means they can exploit the work the work either temporarily or for the duration
of the copyright?
✔✔What does acquiescence mean? - ✔✔If the owner of the copyright has encouraged
or allowed someone else to make use of their work. This may destroy a claim for
infringement.
✔✔Can you use the public interest defence in the case of copyright infringement? -
✔✔Yes
✔✔What main things does copyright protect?(4) - ✔✔Copyright protects an 'original
literary, dramatic, musical or artistic work.'
✔✔How long typically does copyright last? - ✔✔For the author/creator's life and then a
further 70 years.
✔✔What are the remedies for copyright infringement? - ✔✔-Injunctions
-Court order to hand back copyrighted works
-In criminal cases, can be fine or imprisonment
✔✔Under which clause of the IPSO Editor's Code do journalists have a 'moral
obligation' to protect their sources? - ✔✔Clause 14
✔✔Under which clause of the IPSO Editor's Code are journalists discouraged from
gaining material via the use of subterfuge? - ✔✔Clause 10
✔✔What are the three elements of breach of confidence? - ✔✔-Must have the
'necessary quality of confidence'
-Must have been imparted in circumstances imposing an obligation of confidence
-There must be an unauthorised use of that information to the detriment of the party
communicating
✔✔What is the 'quality of confidence'? - ✔✔Ideas and information imparted or obtained
in confidential circumstances are safeguarded by the laws of breach of confidence. If
the information is too trivial or already in the public domain it is not confidential.
ACTUAL QUESTIONS AND ANSWERS SURE A+
✔✔What does 'leave and license' mean in defamation? - ✔✔The defence only works if
the claimant suing for libel has previously agreed that the material could be published.
✔✔What act governs copyright law? - ✔✔The Copyright, Designs and Patents Act 1988
✔✔Who is the 'first owner' of copyright in a literary, dramatic, musical or artistic work? -
✔✔The author as creator
✔✔What is the civil tort or criminal offence in copyright law? - ✔✔Unauthorised copying
of all or 'any substantial' part of any work.
✔✔Who is the owner of the copyright for journalistic articles or photos? - ✔✔Most likely
it would be the employer of the journalist, otherwise if the journalist was freelance then
they would be the 'first owners' of their work.
✔✔Can you infringe copyright if you hyperlink to another publisher's public material? -
✔✔No
✔✔What is rule for copyright of news stories? - ✔✔There is no copyright on facts, ideas
or information but their is in the form which the information is expressed which involves
skill and labour.
✔✔Who owns the copyright to a speech? - ✔✔The speaker
✔✔Who owns the copyright to a commercial photograph taken before August 1989? -
✔✔The person who commissioned the photograph.
✔✔Who owns the copyright to a commercial photograph taken before August 1989? -
✔✔The photographer themselves or their employer
✔✔What is the 'moral right' defence under s85 of the Copyright, Designs and Patents
Act 1988? - ✔✔'Moral right' is a privacy right which gives commissioners of photos or
films the ability to sue if there is misuse of their pictures. No photo or film should be
published, issued or exhibited without their permission.
✔✔What is the general rule for lifting stories? - ✔✔Re-writing versions of the facts
uncovered by others is fine although there may be infringement in lifting verbatim
phrases and quotes from the original report.
, ✔✔What is the 'fair dealing' defence for copyright? - ✔✔If you use an acknowledgment
and the work is public. This covers written and broadcast material but NOT photos. It
must be no more than necessary for the purposes of telling the story.
✔✔What section of the Copyright, Designs and Patents Act 1988 covers the 'fair
dealing' defence? - ✔✔Section 30
✔✔What does it mean if someone 'licences' copyrighted work to someone else? -
✔✔This means they can exploit the work the work either temporarily or for the duration
of the copyright?
✔✔What does acquiescence mean? - ✔✔If the owner of the copyright has encouraged
or allowed someone else to make use of their work. This may destroy a claim for
infringement.
✔✔Can you use the public interest defence in the case of copyright infringement? -
✔✔Yes
✔✔What main things does copyright protect?(4) - ✔✔Copyright protects an 'original
literary, dramatic, musical or artistic work.'
✔✔How long typically does copyright last? - ✔✔For the author/creator's life and then a
further 70 years.
✔✔What are the remedies for copyright infringement? - ✔✔-Injunctions
-Court order to hand back copyrighted works
-In criminal cases, can be fine or imprisonment
✔✔Under which clause of the IPSO Editor's Code do journalists have a 'moral
obligation' to protect their sources? - ✔✔Clause 14
✔✔Under which clause of the IPSO Editor's Code are journalists discouraged from
gaining material via the use of subterfuge? - ✔✔Clause 10
✔✔What are the three elements of breach of confidence? - ✔✔-Must have the
'necessary quality of confidence'
-Must have been imparted in circumstances imposing an obligation of confidence
-There must be an unauthorised use of that information to the detriment of the party
communicating
✔✔What is the 'quality of confidence'? - ✔✔Ideas and information imparted or obtained
in confidential circumstances are safeguarded by the laws of breach of confidence. If
the information is too trivial or already in the public domain it is not confidential.
