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Copyright – Infringement. The claimants sought judicial review of the defendant Secretary of State's decision to introduce a new s 28B into the Copyright, Designs and Patents Act 1988, which created an exception to copyright based upon personal private use, without a compensation scheme. The Administrative Court, in allowing the application, held that Secretary of State's decision had been nowhere near to having been justified by the evidence that had been specifically accepted and endorsed. Accordingly, the decision to introduce s 28B of the Act in the absence of a compensation mechanism had been unlawful.
Copyright – Infringement. The claimants sought judicial review of the defendant Secretary of State's decision to introduce a new s 28B into the Copyright, Designs and Patents Act 1988, which created an exception to copyright based upon personal private use, without a compensation scheme. The Administrative Court, in allowing the application, held that Secretary of State's decision had been nowhere near to having been justified by the evidence that had been specifically accepted and endorsed. Accordingly, the decision to introduce s 28B of the Act in the absence of a compensation mechanism had been unlawful.
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