Photographer wins copyright case over pop star tour photo

Background and Context

In a significant ruling by the Patents County Court, photographer Jason Sheldon emerged victorious in a copyright infringement case against Daybrook House Promotions Limited. The dispute revolved around the unauthorised use of a photograph taken by Mr Sheldon during a UK tour of the American pop star Ke$ha, which featured the artist alongside the duo LMFAO in a backstage setting.

The Dispute

The photograph in question was used by Daybrook House Promotions, a company operating the Rock City dance venue in Nottingham, as part of a promotional campaign for their 'Floor Fillers' events. Mr Sheldon discovered the use of his photograph in March 2012 and claimed that it was unlicensed. He subsequently issued an invoice for £1,351, reflecting what he believed was the appropriate fee for the photograph's usage.

Defence and Arguments

Daybrook House Promotions, represented by operations manager Ms Tippins, contended that the photograph was freely available on the social network Tumblr. They argued that they had a genuine belief that the image was free to use. The company offered £150 as compensation, which Mr Sheldon found inadequate, prompting him to initiate legal proceedings.

Legal Proceedings

The case was initially filed using the money claim online procedure and was transferred to the Patents County Court. During the case management conference, it became apparent that the core issue was the determination of a fair licence fee for the photograph's use. Mr Sheldon argued that the photograph's value was enhanced due to the exclusive access he had to the artists and the unique nature of the image.

Assessment of Damages

Judge Birss QC assessed the damages based on the reasonable royalty that would have been agreed upon by a willing licensor and licensee. Mr Sheldon's evidence, supported by quotations from various online photographic licence agencies, suggested a range of £4,000 to £6,000 for the photograph's use. The court ultimately awarded Mr Sheldon £5,682.37, exclusive of VAT and interest.

Implications and Next Steps

The judgment highlighted the importance of understanding copyright laws and the consequences of unauthorised use of protected works. The court suggested that the parties negotiate a settlement following the preliminary ruling. The decision underscored the complexities involved in determining fair compensation for copyright infringement, particularly in cases involving high-profile subjects.

Costs and Further Considerations

Although the awarded sum exceeded the small claims limit, the case remained on the multitrack, subject to the Patents County Court's costs capping system. The judgment emphasised the need for proportionality in legal costs, given the nature and complexity of the claim.

Learn More

For more information on copyright law, see BeCivil's guide to English Data Protection Law.

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