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Reprinting of old court cases

  • 03-05-2012 10:40pm
    #1
    Dundalk comic guy
    Closed Accounts Posts: 5 ✭


    Quick question

    Can local newspaper reprint old local court cases?
    E.G court case that's like 30, 40, 50 years old be reprinted for look back or a vintage section, without any legal issues about reprinting it?


Comments

  • #2
    RandolphEsq
    Closed Accounts Posts: 6,296 ✭✭✭RandolphEsq


    Yes, of course. If they could print it then, they can print it now.


  • #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Really - what about the person/s who reported the case, e.g., Frewen, ILTR, IR?


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Tom Young wrote: »
    Really - what about the person/s who reported the case, e.g., Frewen, ILTR, IR?

    While the OP's question is open to 2 meanings the one I took based on "local" was can a newspaper reprint it's own reporting of local cases, i.e. the couple of paragraphs about a local drink driver from 40 years ago. If that is the question then I can think of nothing to stop it. If on the other hand it is IR or ILTR etc. then of course permission will be required from who ever owns the copyright.


  • #5
    Dundalk comic guy
    Closed Accounts Posts: 5 ✭Dundalk comic guy


    While the OP's question is open to 2 meanings the one I took based on "local" was can a newspaper reprint it's own reporting of local cases, i.e. the couple of paragraphs about a local drink driver from 40 years ago. If that is the question then I can think of nothing to stop it. If on the other hand it is IR or ILTR etc. then of course permission will be required from who ever owns the copyright.[/Quote]

    Your right was just a case about local person that was published in same paper 40 years ago or so. So would any family of that person, be able do anything to stop that or do anything over it?


  • #6
    Departed
    Registered Users, Registered Users 2 Posts: 306 ✭✭Departed


    ResearchWill wrote: »
    While the OP's question is open to 2 meanings the one I took based on "local" was can a newspaper reprint it's own reporting of local cases, i.e. the couple of paragraphs about a local drink driver from 40 years ago. If that is the question then I can think of nothing to stop it. If on the other hand it is IR or ILTR etc. then of course permission will be required from who ever owns the copyright.
    What is IR or ILTR? Surely if the paper ran a story 40 years ago they can reprint it now?


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  • #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Departed wrote: »
    What is IR or ILTR? Surely if the paper ran a story 40 years ago they can reprint it now?

    That is what I said, if the paper reruns it's own report there is no problem, which I what I thought the OP was about. But another poster thought the question was about publishing actual law reports, the IR are the Irish Reports, ITLR are the Irish Law Times Reports.


  • #8
    Departed
    Registered Users, Registered Users 2 Posts: 306 ✭✭Departed


    ResearchWill wrote: »
    the IR are the Irish Reports, ITLR are the Irish Law Times Reports.
    ok thanks


  • #9
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Dundalk comic guy wrote: »
    While the OP's question is open to 2 meanings the one I took based on "local" was can a newspaper reprint it's own reporting of local cases, i.e. the couple of paragraphs about a local drink driver from 40 years ago. If that is the question then I can think of nothing to stop it. If on the other hand it is IR or ILTR etc. then of course permission will be required from who ever owns the copyright.

    Your right was just a case about local person that was published in same paper 40 years ago or so. So would any family of that person, be able do anything to stop that or do anything over it?[/QUOTE]

    No I can think of nothing that a person or family can do in that situation. Our courts sit in public in most cases, and the reporting of criminal cases is part of a functioning democracy. To reprint is no more an issue than the first printing. The only issue that may change that is if the person was later proved to be innocent, but reporting of matters in court even if wrong is protected from a defamation action.


  • #10
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    ResearchWill wrote: »
    but reporting of matters in court even if wrong is protected from a defamation action.
    Not absolutely. There are rules.

    Copyright wouldn't appear to be an issue.

    If it was already published and the personal details are correct, then defamation shouldn't be an issue.

    But if individuals are identified and that identity can be confused with, say someone with the same name now living on the same road, it could open a nasty can of worms.


  • #11
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Victor wrote: »
    Not absolutely. There are rules.

    Copyright wouldn't appear to be an issue.

    If it was already published and the personal details are correct, then defamation shouldn't be an issue.

    But if individuals are identified and that identity can be confused with, say someone with the same name now living on the same road, it could open a nasty can of worms.

    Under the defense of absolute privilege section 17, (i)
    (i) a fair and accurate report of proceedings publicly heard before, or decision made public by, any court—

    (i) established by law in the State, or

    (ii) established under the law of Northern Ireland,

    As long as the report is accurate of what happened in court then it is protected. While you do bring up an interesting issue if a report for 40 years ago could be confused with a innocent person living in the same address with the same name, then an issue may arise. But I am assuming the News Paper makes it clear that this is an old report.


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