represent a move towards natural law with copyright once again only being limited in
rare circumstances, ‘the fair use doctrine has played a central role in the move towards a
natural-law based protection of copyright’158.
The final Laddie Factor states if use of copyrighted work commercially competes
with the original this will not qualify as fair dealing159, ‘where the purpose is not so
much to provide criticism but the same information as the original work and compete
with it, the activity cannot be allowed.’160 This means ‘two publications and the
likelihood... of their entering into competition with each other is not only a relevant but
may be even the determining factor’161 and ‘any use which may compete with the
author’s exclusive utilization rights are prohibited’162. Commercial competition
provides a sensible basis to determine fairness and is, ‘designed to exclude dealings that
are principally motivated by a desire to profit from the original expression.’163 The
courts take a generous approach to competition considering both depriving revenue and
securing a competitive advantage unfair. If competition is found, this undermines the
entire purpose of copyright from a rights holder perspective and if defended, would shift
the balance in favour of the public. Copyright for rights holders must allow them to
exploit their works so they are able to earn revenue, ‘the ability to enforce copyright to
secure a financial return… lies at the core of the right.’164 Excluding fair dealing
because of commercial competition can be seen as truly balancing the competing