Case Law, France: Leonardo DiCaprio v Oops! Magazine, Damages and order for publication of judicial findings over false “pregnancy” story

11 08 2015

Ooops LeonardoOn 27 July 2015, the Tribunal de Grande Instance de Paris awarded damages of €8,000 to the actor Leonardo DiCaprio for interference with his private life and his image rights. Oops! magazine was ordered to publish a statement summarising the decision on the front cover.  The judgment (DiCaprio v Oops!) is available in only in French. Read the rest of this entry »





Case Comment: Fenty v Arcadia Group Brands Ltd, Rihanna succeeds in controlling how her image is used – Sara Mansoori

19 02 2015

riri%20tshirtRihanna’s successful claim against Topshop, which prevents it from selling t-shirts displaying a photograph of her, has been reported as being ‘a test case about the ability of celebrities to control their public image’ (see The Guardian’s report of the judgment). It was, in fact, a passing off claim and, as the Court of Appeal made clear in their decision ([2015] EWCA Civ 3), there is in English law no right to control one’s image. Read the rest of this entry »





The Weller Case: England and Germany getting closer by protecting children in the media – Judith Janna Märten

8 06 2014

PaparazziThe recent decision of Weller & Ors v Associated Newspapers Ltd [2014] EWHC 1163 (QB)has strengthened the rights of children against the mass media in English law. This decision is an important step in developing the rights for children against paparazzi under Article 8 ECHR. Read the rest of this entry »





Paul Weller, Article 8 and the recognition of “image rights” – Hugh Tomlinson QC

30 04 2014

nophoto“Image rights” are controversial  in English law.  The legal recognition of a right for a person to control the uses to which their image is put would have profound implications, not least for the tabloid press. Mail Online is, unsurprisingly, concerned that the grant of such rights would have a serious adverse impact on its business model. It complained following the recent Weller decision, that the court appeared to have created an “unfettered image right for children” (see Louise Turner’s recent post) and said that it was intending to appeal. Read the rest of this entry »





Has the Weller case created an image right in relation to the facial expressions of children? – Louise Turner

18 04 2014

Louise TurnerThe singer Paul Weller, acting on behalf of three of his children, was successful in his privacy action against Associated Newspapers Limited (ANL) in relation to seven unpixellated photographs of the children and their father out shopping on a public street and relaxing in a café in Los Angeles. The photographs, in particular, showed the faces of all three children. They were published on Mail Online on 21 October 2012.  Read the rest of this entry »