Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Photographs
  • 15 Aug 1994

    JOHAN HENDRIK CORNELIS KEMP v. SING PAO NEWSPAPER AND PUBLICATIONS, LTD

    Citation
    JOHAN HENDRIK CORNELIS KEMP v. SING PAO NEWSPAPER AND PUBLICATIONS, LTD
    Court
    District Court
    Case number
    DCCJ18715/1993

    Court found on the evidence and statutory presumptions that the plaintiff was the author and owner of copyright in the six photographs; the defendant published the photographs without licence (infringement proven); damages assessed by starting with a reasonable authorised fee (plaintiff valued at US$200 each) and applying a premium because plaintiff would have refused a licence, resulting in an award of double the plaintiff's valuation (US$400 per photograph) converted to HKD for six photographs, totaling HK$18,720 plus interest from 27 February 1993.