Saturday, November 20, 2010

THE RIGHT TO PRIVACY IN PHOTOGRAPHS AND FILM IN INTELLECTUAL PROPERTY

S.85 of the Copyright,Design And Patent Act Of 1988 made provision for the right to privacy in photograph or film which has been commissioned for private and domestic purpose.
The legal issue  still  to be resolved by the court applies in the case of  The Mail Newspaper PLC V Express Newspaper PLC,where the matter was whether husband could grant exclusive right,as it appeared  that the husband and wife were joint owner of the copyright in their wedding photo.
The argument  in the matter above was if the wife consent was required,yes.This because she is a joint owner and even though she has not given her consent because she was not in position to do so,the court went ahead to give the husband right.

The legal reasoning is that since the wife has not been declared dead,is not proper for the court to hold its decision on the matter in issue?
What will happen if the wife in question later recover for her state and ask for a revisit of the matter?
 I strongly beleave that the court was hasty in its decision.

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