||All England Reporter
|| All ER (D) 221 (Mar)
||James Clifford (instructed by Charles Russell) for the claimant.
||Richard Spearman QC (instructed by Farrers) for the defendant.
||14 March 2002
Copyright - Infringement - Damages - Measure of damages - Additional damages - Circumstances in which additional damages awarded - , ss 96 and 97.
The use of a photograph by a newspaper of a convicted killer, who was a patient at the claimant hospital, and which was obtained surreptitiously from the patient's medical file, amounted to a flagrant infringement of copyright. In all the circumstances, the claimant was entitled to damages for copyright infringement under s96 of the as well an additional award under s97(2).
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