Damages for breach of copyright and associated torts

In this article, Darragh Carney, a member of our Belfast media team discusses a recent instruction from a private client with a large social media profile, where a national newspaper harvested an image from her account without her knowledge or consent and published the image alongside an online article. 

“Any photograph posted to an open social media profile page is the property of the author of that photograph”, Darragh says. “This may be surprising to some. It is important to know however that the terms and conditions of social media sites typically afford a license to that platform in respect of the copyright of the image but do not confer ownership rights insofar as the image itself is concerned”. 

“What does this mean in practice? Put simply, journalists do not have the right to use an image posted online without the consent of the owner. Under the Copyright, Designs and Patents Act 1988 and the long-established principles of copyright, the exclusive right to prevent copying or reproduction of a work is the most fundamental right of the copyright owner.” 

“In this case, I have been instructed to seek injunctive relief to restrain the publication of the image and to seek damages and an account of profits, with proceedings to be commenced in the High Court”. 

With offices in Belfast, Dublin and London, Johnsons has one of the longest-established media dedicated teams in Ireland and the UK. We have secured record damages for Plaintiff clients, whilst at the same time maintaining a strong Defence litigation portfolio for a wide range of individuals and corporate entities including a number of national newspapers and publishers. 

Johnsons has cemented its reputation as the “go to” firm for those seeking to challenge defamatory comments, harassment or breaches of privacy, whether online, in print or via broadcast media. 

We frequently issue proceedings simultaneously across England and Wales, Northern Ireland and the Republic of Ireland out of our offices in Belfast, Dublin and London, enabling us to rapidly counter widespread dissemination of offending material on the internet. 

Furthermore, we have a formidable reputation for preventing the publication of false, defamatory or intrusive material. Where it is not possible to prevent publication, or where publication has already occurred, Johnsons will act rapidly to ensure that our clients, both local and international, achieve prompt and effective vindication of their reputation. 

For expert copyright, defamation or privacy advice please contact our media team. 

For specialist media advice, please contact our Media Team, David Craig and Darragh Carney.