tag:blogger.com,1999:blog-7923005810906159036.post2912768533062618424..comments2024-03-27T12:49:05.975+00:00Comments on IP finance: Celebrity endorsements and damagesAnne Fairpohttp://www.blogger.com/profile/02579190868405783459noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7923005810906159036.post-50088216058126240352008-06-10T03:20:00.000+01:002008-06-10T03:20:00.000+01:00Mads Marstrand-Jorgensen at Norsker & Co recently ...Mads Marstrand-Jorgensen at Norsker & Co recently published a relevant case note on this issue. <BR/><BR/>The Danish Supreme Court in The Danish Handball Players Association v Aller Press A/S (Case 95/2004) had to consider the quantum of damages resulting from the unauthorised publication of poster-size photos of the successful Danish womens handball team. Marstrand-Jorgensen reports that Aller Press A/S (a major Danish publisher) enclosed in one of its weekly publications an insert of the team on one page and the goalkeeper on the other. The team and the goalkeeper claimed compensation from the publisher as they had not consented to publication of their photos.<BR/><BR/>Neither the Maritime and Commercial Court nor the Supreme Court found that the team or the goalkeeper had transferred the right to commercial use of the photos. Consequently, it was found that commercial use of such photos could take place only with the players’ consent and such consent had not been given in this case.<BR/><BR/>The Supreme Court further found that the photos in question could not be regarded as part of the editorial coverage of the European Championships. Consequently, the publisher’s marketing of the photos constituted illegal commercial use of the right to a person’s own image and the publisher was ordered to pay Dkr100,000 in damages, plus costs.<BR/><BR/>For further information on this topic please contact Mads Marstrand-Jorgensen at Norsker & Co by telephone (+45 33 43 31 00) or by fax (+45 33 13 38 38) or by email (mmj@norsker.dk).Julianhttps://www.blogger.com/profile/04642623842940248263noreply@blogger.com