30 years ago UK photographers were at a disadvantage compared to other creative suppliers such as illustrators or composers. Copyright in a photographer’s work automatically belonged to the client unless otherwise agreed. Thanks to lobbying by the Association of Photographers and others this was reversed in 1988. Since then, copyright in commissioned photographs has belonged … Read more
Heythrop Zoo (trading as Amazing Animals) failed recently in an attempt to stop the publication of photographs and videos taken by a campaigning charity (CAPS) during a public open day. Some of the images showed animals performing tricks and some, CAPS said, showed inhumane conditions in which animals were kept. Amazing Animals brought three claims … Read more
The Supreme Court has upheld an injunction preventing the identification of a celebrity, known in court as PJS, in respect of an extramarital relationship. Background Earlier this year The Sun on Sunday, published by News Group Newspapers, was approached by a couple who told reporters that they had had a relationship with PJS. The paper … Read more
Clearcast reviews UK TV ads before broadcast to check their compliance with the BCAP Code. If Clearcast doesn’t pass an ad it doesn’t get broadcast. Clearcast is a private limited company owned by and acting on behalf of a number of major broadcasters. It is not a regulatory body such as the Advertising Standards Authority … Read more
The green energy firm Ecotricity can claim to be Britain’s greenest energy company after a complaint made by Tesla in respect of various claims on the Ecotricity website was not upheld by the Advertising Standards Authority (ASA). Ecotricity had included a number of claims on its website including “Britain’s Greenest Energy” and “The electricity we … Read more
The former editor of the Sun, David Dinsmore, has been convicted of breaching the Sexual Offences (Amendment) Act after the paper inadvertently identified the teenage victim of the footballer Adam Johnson. The paper published an article headlined “Soccer ace and girl he bedded” containing a photograph of the girl with Johnson, taken from her Facebook … Read more
The Supreme Court has considered the test for holding an employer vicariously liable for the wrongdoing of an employee (in this case, an assault carried out by an employee on a customer). Mr Mohamud visited a petrol station operated by Morrison Supermarkets and asked an employee, Mr Khan, if it was possible to print some … Read more
In Theedom v Nourish Training t/a CSP Recruitment the High Court has provided further clarification as to what constitutes “serious harm” under Section 1 of the Defamation Act 2013. Background During 2013-2014 the claimant worked for CSP, a recruitment consultancy based in Leicester. In early 2014 two of the claimant’s colleagues, one of whom subsequently … Read more
Earlier this autumn, the US 2nd Circuit Court of Appeals ruled that the rights to the classic Christmas song “Santa Claus Is Comin’ to Town” will revert to the heirs of its co-writer J. Fred Coots in 2016. The case centered on the termination rights of songwriters under US copyright law. Background J. Fred Coots … Read more
The Court of Appeal has upheld the decision of the High Court that the Mail Online infringed the privacy of Paul Weller’s children by publishing unpixelated photographs of them out shopping. Background The photographs had been taken by an unnamed paparazzo photographer during a shopping trip in California in October 2012, and featured Mr Weller’s … Read more
