M'Cosh v. George Crow & Co. [1903] ScotLR 40_514 (17 March 1903)

M'Cosh v. George Crow & Co. [1903] ScotLR 40_514 (17 March 1903)

A photographer or successor cannot exhibit or sell enlargements of a customer's photograph without the customer's consent, regardless of prior acquiescence or change of business ownership; the implied contract and confidential relationship prohibit such use, and the customer's right to object is absolute.

Citation
[1903] ScotLR 40_514
Parties
Pursuers/respondents: Thomas M'Cosh, Juana Heredia M'Cosh, Margaret Wyllie Kirkwood M'Cosh; Defenders/appellants: George Crow & Company
Jurisdiction
Scotland
Judgment Date
17 March 1903
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed; interlocutors affirmed
Legal Topics
Implied Contract, Confidentiality, Photographic Rights, Breach of Faith
Contract Intellectual Property Privacy Implied Contract Confidentiality Photographic Rights Breach of Faith

Case Brief

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Parties

Thomas M'Cosh, Juana Heredia M'Cosh, Margaret Wyllie Kirkwood M'Cosh

Pursuers/respondents

George Crow & Company

Defenders/appellants

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether a photographer or successor may exhibit or sell enlargements of a customer's photograph without consent
  2. 2 Whether an implied contract or confidential relationship restricts such use
  3. 3 Whether acquiescence or lapse of time bars the customer's objection

Ratio Decidendi

A photographer or successor cannot exhibit or sell enlargements of a customer's photograph without the customer's consent, regardless of prior acquiescence or change of business ownership; the implied contract and confidential relationship prohibit such use, and the customer's right to object is absolute.

Court Disposition

appeal dismissed; interlocutors affirmed

Orders

  • interdict granted prohibiting exhibition, sale, or publication of the photographs or enlargements
  • defenders ordained to remove the enlargements from the studio walls