ABSTRACT

Copyright confers the right to control the exploitation of certain sorts of material. It defines what can and cannot be done to the material without the copyright owner’s consent. Under English law, copyright is generally viewed as an economic right because it confers the right to control the exploitation of something of value – such as a work of art or a piece of music. Copyright also acts as an incentive to creativity. By conferring the right to control the exploitation of the work, copyright goes some way to ensuring that the creator of the work is rewarded for his creativity. As the flip side to this economic function, copyright has important repercussions for freedom of expression. The owner of copyright in a newsworthy document or piece of film footage may be able to exercise its copyright to prevent the use of the material by the media – either at all or on terms requiring payment of a fee. Rival media entities often seek to enforce the copyright in their material against their rivals.1