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Douglas v Hello Ltd (No 3) [2005] EWCA Civ 595

ResourcesDouglas v Hello Ltd (No 3) [2005] EWCA Civ 595

Facts

  • Michael Douglas and Catherine Zeta-Jones granted OK! Magazine exclusive rights to publish photographs of their wedding.
  • The agreement created contractual and commercial confidentiality over specific images of the event.
  • Hello! Magazine obtained and printed unauthorised photographs taken surreptitiously at the wedding.
  • Publication diminished the value of OK!’s exclusivity and caused the claimants financial loss.
  • Proceedings were brought alleging breach of confidence and unlawful interference with contractual relations.

Issues

  1. Whether the unauthorised photographs remained confidential information notwithstanding public knowledge of the wedding itself.
  2. Whether Hello!’s deliberate publication constituted a breach of confidence and unlawful interference with OK!’s exclusive contractual rights.
  3. Whether damages were recoverable for the economic loss flowing from that interference.

Decision

  • The Court of Appeal held that the unauthorised images were confidential; visual depictions can retain secrecy and value even when the event itself is known.
  • Hello! Magazine’s publication breached the duty of confidence owed to the Douglases and OK! Magazine.
  • Intentional interference with OK!’s contractual exclusivity was actionable without proof of malice.
  • Each photograph possessed discrete economic value; damages were assessed with reference to the loss of value of every infringed image.
  • A duty of confidence arises where information, including photographs, is imparted or obtained in circumstances importing an obligation of confidentiality.
  • Publicity of an event does not strip subsequent, unreleased images of confidentiality or commercial value.
  • Intentional interference with another’s contractual rights is tortious when it causes foreseeable economic damage.
  • Confidential visual content can be protected independently of any general privacy right, providing a commercial remedy for misuse.

Conclusion

The Court of Appeal confirmed that exclusive photographic rights are protectable as confidential information; deliberate, unauthorised publication of such images amounts to both breach of confidence and unlawful interference, entitling the right-holder to recover damages reflecting the separate economic worth of each infringed photograph.

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Expliquer en français
Explicar en español
Объяснить на русском
شرح بالعربية
用中文解释
हिंदी में समझाएं
Give me a quick summary
Break this down step by step
What are the key points?
Study companion mode
Homework helper mode
Loyal friend mode
Academic mentor mode

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