SONY COMPUTER ENTERTAINMENT v PAUL OWEN & ORS (2002)

[Martin Keegan]

On Thu, 16 May 2002, Derek Fawcus wrote:

> > In other words you can only do the things section 50C allows if you have a
> > license and the license does NOT explicitly prohibit you doing them.
> 
> As Tom mentioned,  you're assuming that such an binding agreement is in
> force.

Don't conflate licences with contracts. A copyright licence has no element
of "agreement" in it, it's whatever the rightholder says it is.
 
> In the absence of such an agreement,  I have the default rights given by
> the copyright act,  which do allow such copying.  By vitue of the 'or
> otherwise' in the definition of lawful use.

No, you don't have a right to copy under the CDPA. You have a defence to
an action brought for copyright infringement.
 
> So the question is 'is there an "agreement" in force'.

No.

[etc]

Mk