Conclusion
… This article puts forward an alternative solution, drawing inspiration from the terms of the settlement in the case of Chambers v DCR. It argues that, where a claimant has succeeded in obtaining injunctive relief against a defendant in the tort of misuse of private information, and where the claim is based on the defendant’s non-consensual distribution of the claimant’s private sexual images, the court may in a suitable case make a further order directing the defendant to assign any copyright they may have in the images to the claimant, for the purpose of enabling the claimant to compel the removal of those images from third-party websites. This would be akin to the well-established remedy of delivery up ‘in aid of’ an injunction … (more)
€
Yin Harn Lee, ‘Delivering (up) a copyright-based remedy for revenge porn’, Journal of Intellectual Property Law and Practice, https://doi.org/10.1093/jiplp/jpy122. Published: 17 August 2018.
First posted 2018-08-21 18:29:59
Leave a Reply