Super injunctions -
an easy short legal explanation
You were aware that someone had a video camera, but were surprised when you appeared on YouTube as “Drunken middle-aged fool dancing”. As the popularity of your video clip soars, people start to recognize you on the street.
Your lawyer tells you that you can’t stop it, even if you did not give your permission.
Before you vow never to go to another wedding, some things are private, even for celebrities and, therefore, protected:
- When Naomi Campbell was snapped stepping out of the Narcotics Anonymous meeting, the papers were wrong in printing the pictures, as it related to medical treatment.
- When secret pictures were taken of Ewan McGregor’s children, publication was not permitted.
- Catherine Zeta-Jones sold the right to take pictures of her wedding to OK! Magazine for $US1.5M. A paparazzo sneaked in, took pictures and sold them to HELLO! Magazine. Her deal was protected by commercial confidence.
Therefore, feigning a heart attack, involving your children and pre-selling your drunken exhibition are all ways to stop your appearance on YouTube.
It may be worth a try to claim that a song you were singing at the time or your performance itself is a copyright work and, therefore, protected.
A person caught on CCTV trying to commit suicide, unsuccessfully as it turned out, was compensated when the pictures appeared in the press, whereas an abattoir trying to stop pictures of their possum stunning procedure was not protected, even though the pictures were taken by a trespasser.
To digress, what about affairs with neighbours, I hear you ask? Affairs and sexual indiscretions do not seem to be protected from the press, or other interested parties, pictures or no pictures; although a Brazilian model who unexpectedly discovered a video of her making love to her boyfriend on the internet was successful in having it removed. Therefore, an innocent couple’s lovemaking was something private, on the same basis that rare footage of sex within marriage would also be protected.
So, what is protected? Well, it is a balance of your right to a private life against the video cameraman's or journalist’s often stronger right to freedom of expression. For instance, naked pictures of a young woman on a beach may not be protected. The same pictures in her bathroom; definitively yes. Naked pictures of a judge (unless it is on a beach); hopefully yes.
Be warned; your 15 minutes of fame awaits you. But it is possible to use privacy to protect your business and other secrets.
Extract from Easy IP - How to use the law to protect your money-making ideas
(c) Paul Brennan 2011. All rights reserved.
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(c)Paul Brennan 2009 a lawyer practising on Queensland's Sunshine Coast.
Disclaimer:
The content of this site and the Law & Disorder eZine is to give you legal basics and in some instances included unashamedly to try and make you laugh. In law it is sometimes difficult to work out what is serious and what is just for fun. Therefore, if you plan to do anything legal, rely on your own lawyer’s advice or instruct me to look at the particular facts of your case. Not only will I deny responsibility for the legal content but also for some of the jokes.
© Paul Brennan 2009.