ABSTRACT

In Ladbroke v William Hill (1964), Lord Reid stated, ‘the question whether the defendant has copied a substantial part depends much more on the quality than the quantity of what he has taken’. In some cases, the issue is clear cut, for example, where an entire work has been appropriated, such as an unauthorised recording of a song or a piece of music, but in others it is uncertain. It is naturally of importance to writers and artists who want to use extracts from the work of qualifying authors but who wish to remain within the law. Fair dealing and quotation for the purposes of criticism and review are among the permitted acts available, but their boundaries are hard to identify with precision. No precise formula has been identified for how much a person can actually take from the work of another before infringement arises, and no boundary can be drawn.