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Creative Lawyers for Creative Business

April 2005

The BBC to make payment to Lady Thatcher for using memoirs

Lady Thatcher has sued the BBC for copyright infringement. The BBC have admitted infringement and compensation in the form of damages may be a possibility.

The BBC have used the quote "treachery with a smile on its face", an excerpt taken from one of Lady Thatcher's televised memoirs in the 1990s, entitled Thatcher - The Downing Street Years. The copyright in the excerpt is said to reside with Lady Thatcher herself and the production company, Fine Art. Both parties are seeking damages from BBC Broadcast as well as UKTV.

BRIFFA comment:
Under copyright law, the owner of the copyright work has the exclusive right to do certain acts or permit certain acts to be done in relation to the work. One of these rights is the right to broadcast the work. This case is yet another example of how important it is not to overlook the clearance of rights. This is just as important for the major broadcaster as it is for a small independent producer. When using material that does not belong to you, be sure to check that you will not be infringing upon a third party's rights. The chain of title must be examined and this is especially important where multi media works are concerned.

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