A pop group had posed at a specially devised scene, consisting of a white Rolls Royce in the swimming pool of a hotel and incorporating various other props. The object of the exercise was to take a photograph to be used as a record cover. The defendants commissioned a freelance photographer to take photographs of the scene.
Held: It was well arguable that the nature of the operation together with the imposition of security measures made the occasion one of confidentiality, at any rate as regards photography. However, the arrangement of a group of people on album cover was not sufficient to warrant protection by copyright.
Judges:
Lloyd J
Citations:
Times 29-Apr-1997, [1997] EMLR 444, [1997] EWHC Ch 370
Links:
Statutes:
Copyright Designs and Patents Act 1988 4(1)(a)
Jurisdiction:
England and Wales
Cited by:
Cited – Douglas etc v Hello! Ltd etc ChD 11-Apr-2003
The claimants were to be married. They sold the rights to publish photographs of their wedding, but various of the defendants took and published unauthorised pictures.
Held: The claimants had gone to lengths to ensure the commercial value of . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 13 August 2022; Ref: scu.79604