Reading Post Wins Landmark Copyright Battle
The Reading Post has won a landmark copyright battle after publishing pictures taken by “urban explorers” as part of a police appeal.
During one of the Post’s regular briefing sessions with Reading Police, the S&B Media title was directed to a website where pictures of people inside abandoned buildings, sometimes known as “urban explorers”, are posted.
Officers were keen to trace the Reading trespassers as they believed they may have committed criminal damage to get into the secure buildings and could be linked to a spate of graffiti.
The Post took some of the pictures from the website and published them with a story recounting the apparent exploits of the “urban explorers” in August.
But one of the photographers took the Post to the small claims court claiming his copyright had been breached and he should be paid £495 for the seven pictures.
The Post’s defence, aided by the NS Political, Editorial and Regulatory Affairs (PERA) department, was that there was a public interest in identifying individuals whom the police wished to question.
Using a 2001 case law where the judgement said that a court would be entitled to refuse to enforce copyright of work if the work is
- immoral, scandalous or contrary to family life
- injurious to public life, public health and safety and administration of justice or
- incites or encourages others to act in a way referred to in the first point.
Reading Police backed the paper by issuing a statement to the court explaining why they wished to talk to the “explorers”.
Editor Andy Murrill also explained to District Judge Byron Carron, sitting at Swindon County Court, about the campaign in Reading to clamp down on anti-social behaviour and the blight on people in the community’s lives caused by dilapidated buildings and graffiti.
Deputy Judge Kirconel dismissed the claim and said in his judgement: “Whatever view may be taken by individuals on the rules which govern our society … you can’t flaunt them. The civil and criminal law exists to correct that.
“It does seem to me that by posting these pictures on a website the copyright owner is promoting and encouraging his activity. These pictures seem to be worn as a badge of pride.
“And clearly the pictures themselves could make others think it was a jolly good idea to enter abandoned buildings… There also could well be an accident and the public may suffer.
“It’s a serious social problem.”
After the hearing, Post deputy editor Hilary Scott said: “We’re grateful that Judge Carron took the stance he did – it’s essential that newspapers are not hindered in helping the police and protecting the communities we serve.”
For more information please contact Paul Sinker on 020 7632 7424 or e-mail sinkerp@newspapersoc.org.uk.