Crooke v. The Scots Pictorial Publishing Co., Ltd [1906] ScotLR 43_723 (22 June 1906)

Crooke v. The Scots Pictorial Publishing Co., Ltd [1906] ScotLR 43_723 (22 June 1906)

The copyright of the photograph in question remained with the pursuer, as the agreement and correspondence showed Mr Shorter purchased copyright of two other photographs, not the one in dispute. No misrepresentation was found, and the pursuer retained copyright by law and contract.

Source-derived case information.

Citation
[1906] ScotLR 43_723
Parties
Pursuer: William Crooke; Defender: The Scots Pictorial Publishing Company, Limited
Jurisdiction
Scotland
Judgment Date
22 June 1906
Procedural Posture
Copyright Infringement / Appeal From Interlocutor
Outcome
appeal allowed, interlocutor recalled, damages awarded
Legal Topics
Copyright in Photographs, Ownership of Copyright, Allocation of Copyright, Misrepresentation
Intellectual Property Copyright Copyright in Photographs Ownership of Copyright Allocation of Copyright Misrepresentation

Source-derived case record

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Parties

William Crooke

Pursuer

The Scots Pictorial Publishing Company, Limited

Defender

Procedural Posture

Copyright Infringement / Appeal From Interlocutor

Legal Issues

  1. 1 Who is entitled to the copyright of a photograph taken during a sitting involving multiple interested parties?
  2. 2 Did the pursuer retain copyright or was it transferred to another party?
  3. 3 Was there misrepresentation by the pursuer affecting copyright allocation?

Ratio Decidendi

The copyright of the photograph in question remained with the pursuer, as the agreement and correspondence showed Mr Shorter purchased copyright of two other photographs, not the one in dispute. No misrepresentation was found, and the pursuer retained copyright by law and contract.

Court Disposition

appeal allowed, interlocutor recalled, damages awarded

Orders

  • Recall the interlocutor of July 6, 1905.
  • Find it unnecessary to dispose of the first, second, third, and fifth conclusions of the summons.