Photographs and Copyright Infringement

Posted: Monday, 3 June 2013 @ 12:05
Photographs and Copyright Infringement

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Back in June 2011 I posted a blog on copyright infringement by unauthorised use of photographs.

The explosion in social media and prolific posting of photographs has made it incredibly easy for photos to be downloaded and used by others without consent of the photographer holding the copyright.

A recent case has highlighted the issue, and indicated the sort of compensation which can be ordered.

In Sheldon v Daybrook House Promotions Limited, Sheldon had exclusive backstage rights to a gig to take photos of the US popstar Ke$ha. Daybrook used one of his photos without consent. The judge in the Patents County Court ruled that the compensation should be based on a reasonable royalty, the fee which would have been agreed between a willing licensor and a willing licensee.

The judge said that the reasonable royalty should be based on the particular photo in question. How much would Mr Sheldon have received from a publisher for using the photo? Other important factors in deciding the compensation were the importance and popularity of the subject, here Ke$ha, and any exclusitivity of access to that subject.

Daybrook suggested it should only be a few hundred pounds. The judge rejected that out of hand and awarded Mr Sheldon £5682.37 exclusive of VAT and interest.

Nigel Musgrove
Business and Litigation Solicitor
Tel: 0845 003 5639

Blog by Nigel Musgrove
Nigel has been providing dispute resolution advice as a solicitor for over 35 years. As well as advising SMEs and business owners on disputes he also offers a specialist licensing law service. View profile
Call Nigel on +44 (0)1285 847 001 or by email
This blog is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free telephone consultation to discuss your particular circumstances.

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Thank you. Your response is great, very straight to the point! Hopefully this will bring an end to the matter. I will certainly be recommending your services as I am very impressed with the prompt dealing of this matter.
Janet Burbidge

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