Bath UK photographer Emma Delves Broughton has won a case at the Patents County Court in London against online latex fashion retailer House of Harlot for use of one of her images dating from 2005 on their website without permission.
Emma had approached the retailer to negotiate a settlement prior to taking legal action but House of Harlot refused to even discuss the matter. Emma had asked for £3600 to cover the standard NUJ usage rates but House of Harlot had insisted they wouldn't pay a penny.
The judge found in Emma Delves Brougton's favour and awarded her £2123 plus interest (if it's at 0.5% base rate it won't make her rich!)
The case shows the importance of any company using images to ensure that they have the appropriate permissions to use them. Invariably the photographer is the only person who can grant permission; a model does not normally have any rights to allow others to use the photos of them. Our pictures have been used by magazines in the past and they have settled without the need for legal action to be considered.
