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Creation Records Ltd and Another v News Group Newspapers Ltd [1997] EMLR 444

Country:
United Kingdom
  • Oasis were doing photoshoot for their upcoming album at hotel.

  • Freelance photographer was allowed to view scene along with others staying at hotel, and took photos which were published in Sun.

  • Record company sued.

Held

  • Despite fact that freelancer was able to view scene, was not permitted to photograph it

    • This clear from security arrangements around scene.

  • Thus scene of photograph was one of confidentiality.

  • Is obvious freelancer behaved surreptitiously to obtain photo (i.e. given security measures)

    • Thus freelancer must have known situation was one of confidence.

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