Defences

Abstract

In an action for infringement of copyright, there are a number of approaches that the defendant can adopt:

• (a) challenge the existence of copyright or the plaintiff’s ownership of copyright;

• (b) deny the infringement;

• (c) claim to have been entitled, because of a permission granted to do the act in question, or by arguing that it is within one of the statutory fair dealing exemptions or by claiming public interest or EC competition law rights.