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England and Wales Patents County Court
You are here: BAILII >> Databases >> England and Wales Patents County Court >> Celebrity Pictures Ltd & Anor v B Hannah Ltd  EWPCC 32 (19 July 2012)
Cite as:  EWPCC 32
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B e f o r e :
(sitting as a judge of the Patents County Court)
| (1) CELEBRITY PICTURES LIMITED
(2) TYSON SADLO
|- and -
|(1) B HANNAH LIMITED
Thomas Elias (instructed by Waterfront Solicitors LLP) for the Defendant
Hearing dates: 16th July 2012
Crown Copyright ©
Mr Justice Floyd :
"There may be cases where one person sets up the scene to be photographed (the position and angle of the camera and all necessary settings) and directs a second person to press the shutter at a moment chosen by the first, in which case it would be the first, not the second, who creates the photograph. There may also be cases of collaboration between the person behind the camera and one or more others in which the actual photographer has greater input, although no complete control of the creation of the photograph, in which case it may be a work of joint creation and joint authorship (see section 10(1))."
"Mr Gallagher set up the scene and may well have chosen or approved the angle and other details of all or some of the official photographs … in which case Mr Gallagher is the creator, or one of the creators, of the official photographs… But Mr Gallagher had nothing to do with the [photograph in issue] except to bring the subject matter into existence and of course form part of it himself. That does not make him its creator."
- Cover shot - a smart and professional portrait shot of Karren in a business-like but approachable pose. Please allow plenty of space around her for cover lines and the masthead.
- Inside pages - mostly portrait shots ranging from one more serious business pose as a link to her judging role in The Apprentice (perhaps similar to your Paris Hilton shot) through to more relaxed shots, such as looking off camera laughing. Perhaps we could also try Karren sitting on the sofa with a laptop or cup of tea, or marking up a business contract."
The express terms
Express agreement for web use?