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Even Pornographic Photos Have Copyright Protection

In an unusual case, which involved a High Court judge considering copyright issues in relation to pornographic photos, a businessman who authorised wholesale ‘lifting’ of images from a popular ‘escorts’ website is facing up to a crushing damages bill.

The operator of website A took legal action after it noticed that many of its original photos, which were ‘generally pornographic in nature’, had been ‘cut and pasted’ onto website B, which provided competing escort services. There was no dispute that the images enjoyed copyright protection.

The Court found that website B was controlled by a UK registered company which was in liquidation. The businessman was the company’s sole shareholder and director and the Court found him personally liable on the basis that he was its guiding mind and authorised the copyright infringements. The amount of damages payable was left over for assessment at a later date.