Can the public interest defence be used in cases of copyright infringement?

In the context of copyright infringement, the public interest defence can indeed be invoked, which justifies selecting "Yes" as the correct answer. Copyright law allows for certain exceptions that prioritize the public interest, particularly under the fair dealing provisions in jurisdictions like the UK.

These provisions enable individuals to use copyrighted material without permission under specific circumstances, such as for criticism, review, news reporting, or educational purposes, as long as the use is fair. By recognizing the public interest defence, the law acknowledges that there are situations where access to certain information or materials serves the broader public good, outweighing the rights of the copyright holder.

This defence is important as it encourages freedom of expression and the dissemination of information, which are fundamental to a democratic society. While this does not mean all cases of copyright infringement can claim public interest, the potential for such a defence exists within specific frameworks designed to balance the rights of creators with the needs of society.