Tag: Pastiche

Shazam Productions Limited v Only Fools The Dining Experience Limited and Others, 2022

30 October 2024 /

Shazam initiated legal action to stop the performance of an interactive dining show called “Only Fools The (cushty) Dining Experience.” This show featured Del Boy and other main characters from the comedy using their traits and backstories in an interactive pub quiz format. The defendants did not seek Shazam’s approval, leading to a lawsuit for copyright infringement and passing off, as many people might have believed the show was an authorised spin-off.

The claimant, Shazam, was a company owned by the family of John Sullivan (d.2011), the creator and writer of the award-winning British TV sitcom “Only Fools and Horses” (1980s and 1990s).

The defendants argued that their use was fair dealing, particularly for parody and pastiche.  Although this exception has been widely discussed, this case was the first time a UK court tested the defence.

Ibbetson, S and Ryan, M. (2022). Why do only fools and horses write original material? UK court finds copyright infringement of ‘Del Boy’ character. Kluwer Copyright Blog. Available from here.

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

What are the copyright exceptions in UK law?

25 January 2022 /

Exceptions are also known as ‘permitted acts’. Reusing a copyrighted work under an exception does not require permission from the copyright owner. All exceptions listed below come from the current UK copyright legislation (Copyright, Designs and Patents Act 1988) and are applicable in its jurisdiction.

ExceptionSection 29: Research and private study
CategoryResearch/Education
SummaryYou can make a single copy of a fair dealing amount for non-commercial research or private study
Commercial use allowed?No
Contractual override allowed?No
Fair dealing?Yes
Potential applicationPhotocopying a chapter of a book to research a topic for an essay
ExceptionSection 29A: Copies for text and data analysis for non-commercial research
CategoryResearch/Education
SummaryYou can copy works for text and data mining providing you have lawful access
Commercial use allowed? No
Contractual override allowed? No
Fair dealing? No
Potential applicationExtracting articles from a database to carry out a linguistic frequency analysis
ExceptionSection 30: Criticism, review, quotation and news reporting
CategoryResearch/Education
SummaryYou can copy part of a work for these purposes
The quotation element was introduced in 2014 and covers quoting for any purpose.
It does not cover unpublished works
Commercial use allowed? Yes
Contractual override allowed? No
Fair dealing? Yes
Potential applicationCriticism: using low-resolution versions of artworks in a thesis to discuss an academic theme
Review: using sentences from a newly published book to review it
Quotation: using a line of poetry as a decorative backdrop for a poetry event
ExceptionSection 30A: Caricature, parody or pastiche
CategoryResearch/Education
SummaryYou can copy part of a work for this purpose
It does not cover unpublished works
This exception was introduced in 2014
Commercial use allowed? Yes
Contractual override allowed? No
Fair dealing? Yes
Potential applicationUsing a few lines from a song to create a parody sketch, or using small amounts of a film to create a larger pastiche work
ExceptionSection 31: Incidental inclusion of copyright material
CategoryPerformance
SummaryCopyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film or broadcast. Nor is it infringed by the issue to the public of copies, the playing or showing of the work.
Audio (such as musical work, words spoken or sung with music, or a sound recording or broadcast) is excluded from this exception if it is deliberately included.
Commercial use allowed? Yes
Contractual override allowed?N/A
Fair dealing? Yes
Potential applicationShowing in passing copyrighted material that is in the background while filming
ExceptionSections 31A and 31B: Accessible copies for disabled users
CategoryDisability
SummaryIndividuals and institutions can make an accessible copy of the whole or part of a work for users with any disability
Commercial use allowed? No
Contractual override allowed? No
Fair dealing? No
Potential applicationMaking a large print copy of a book for a visually impaired person, so long as the person has lawful access to the original work
ExceptionSection 32: Illustration for instruction
CategoryTeaching
SummaryYou can copy part of a work to illustrate a teaching point
It is not limited to teaching within an educational establishment
Commercial use allowed? No
Contractual override allowed? No
Fair dealing? Yes
Potential applicationIncluding a short snippet of a video in a presentation, if the snippet is integral to the teaching point that you’re making
ExceptionSection 34: Performing, playing or showing work in course of activities of an educational establishment
CategoryTeaching
SummaryYou can perform, play or show a work for purposes of instruction at an educational establishment
Members of the public cannot be admitted
Commercial use allowed? No
Contractual override allowed?Unclear
Fair dealing? No
Potential applicationPlaying a DVD of an entire film in a class where the film is related to the teaching
ExceptionSection 35: Recording of broadcasts
CategoryTeaching
SummaryYou can record free-to-air broadcasts on behalf of educational establishments for non-commercial purposes
However, the ERA Licence takes precedence over this exception
Commercial use allowed? No
Contractual override allowed?Yes
Fair dealing? No
Potential applicationMaking a recording of a television show and playing that recording in class or making it available on a secure Virtual Learning Environment
ExceptionSection 42: Copying by librarians, etc., replacement copies of works
CategoryPreservation
SummaryChanging the media of some material to ensure its preservation, like converting analogue recordings into digital, providing that it is not practical to purchase the item (for example a special collection item)
Commercial use allowed? No
Contractual override allowed? Yes
Potential applicationChanging the media of some material to ensure its preservation, like converting analogue recordings into digital, providing that it is not practical to purchase the item (for example, a special collection item)
ExceptionSection 59: Public reading and performance
CategoryTeaching
SummaryYou can perform a published literary or dramatic a work
Commercial use allowed?No
Contractual override allowed?No
Fair dealing?Yes
Potential applicationCreating audio recording or acting
ExceptionSection 62: Representation of certain artistic works on public display
CategoryPerformance
SummaryThe copyright in such a work is not infringed by making a graphic work representing it, making a photograph or film of it, or making a broadcast of a visual image of it
Commercial use allowed?Yes
Contractual override allowed?N/A
Fair dealing?Yes
Potential applicationThis section applies to buildings, sculptures, models for buildings and works of artistic craftsmanship if permanently situated in a public place or in premises open to the public

Go back to Copyright overview

Go back to Exceptions in copyright

Back Home

Adapted from: The University Library. (2022?). Copyright exceptions. [online]. Available from https://www.sheffield.ac.uk/library/copyright/exceptionstab [Access on 25 January 2022].

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Exceptions in copyright

8 December 2021 /

In some parts of the world, copyright law has some limitations and allows some exceptions (for example, ‘fair use’ and ‘fair dealing’) to ensure that the rights of the public are not unduly restricted by copyright.

Thus, by offering exceptions to copyright, the Law permits certain very specific situations where you may be permitted limited use of copyright works without the copyright owner’s permission.

Exceptions and limitations to copyright vary by country, and they have territorial jurisdiction, meaning they apply only to that specific country.

In other words, since copyright law is unique to its jurisdiction, an exception could be valid in one country but not in others.

For more details, look at the Intellectual Property Office guide Exceptions to copyright: Education and Teaching.

See some more details of exceptions permitted by the UK in copyright law, with particular application to online teaching:

Go to next What is copyrightable?

Go to previous Copyright Law

Back Home

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Exception: parody, caricature and pastiche

8 December 2021 /

It is essential to understand that this exception only permits use for the purposes of caricature, parody, or pastiche to the extent that it is fair dealing. This must not be derogatory or cause commercial harm to the original.

Please see this article on a court case

Only Fools and Horses firm sues creators of ‘cushty’ dining events

Go back to Copyright overview

Go back to Exceptions in copyright

Back Home

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

What is fair dealing?

8 December 2021 /

Fair dealing in the UK is a legal term used to establish whether a specific use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing – it will always be a matter of fact, degree, impression and interpretation in each case.

The amount should be as much as a fair-minded and honest person would consider just, and it is not an excuse to infringe copyright.

Relevant factors in determining whether a particular dealing with a work is fair include:

  • Does using the work affect the market for the original work? If the use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair.
  • Is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually, only part of a work may be used.

‘Fair dealing’ is not to be confused with ‘Fair use’, a doctrine in the law of the United States.

Other countries’ copyright laws may refer to similar variations to the concept: fair use, fair dealing, free use and fair practice all allow some lawful use or reproduction of work without having to seek permission from the copyright owner(s) or infringing their interest.

Fair dealing and the reuse of Creative Commons licensed works

Go back to Copyright overview

Go back to Exceptions in copyright

Back Home

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

This website was created using Coventry.Domains, a service of the Coventry University Group. The information, views, opinions and discussion contained on this website are those of the author(s) and do not necessarily reflect the views and opinions of the Coventry University Group. For more information on privacy, cookies, takedown requests and more, visit our policies page.