Source: All England Reporter
Publisher Citation: [2002] All ER (D) 221 (Mar)
Court: Chancery Division
Judge:

Pumfrey J

Representation James Clifford (instructed by Charles Russell) for the claimant.
  Richard Spearman QC (instructed by Farrers) for the defendant.
Judgment Dates: 14 March 2002

Catchwords

Copyright - Infringement - Damages - Measure of damages - Additional damages - Circumstances in which additional damages awarded - , ss 96 and 97.

The Case

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).

Practice Areas

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