Commentary

90 Infringement of copyright

ADVERTISING AND MARKETING vol 1

90 Infringement of copyright

90 Infringement of copyright

Subject to a number of exceptions1, it is an infringement of copyright to reproduce a copyright work or a substantial part of it without permission2. Advertising agencies often wish to incorporate other copyright works in an advertisement: for example, the use of a sound recording in a television commercial or a photograph in a press advertisement. In such cases, permission for the use of the work should be obtained from the copyright owner unless the inclusion is only incidental3.

Difficulties can arise where an advertising agency wishes to parody a copyright work4, although there is infringement only

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