Free Speech + Fair Use ≠ Free Use. Free Speech + Fair Dealing → Fair Speech
In 2014, Paul Weller won £10,000 in damages against Associated Newspapers (which owns the Daily Mail) for publishing seven unpixellated photographs of his children online at the Daily Mail website (Weller v Associated Newspapers [2014] EWHC 1163 (QB)). Associated Newspapers then appealed this holding, Weller & Ors v Associated Newspapers Limited [2015] EWCA Civ 1176, which was dismissed and barred from further appeal to the Supreme Court. Associated Newspaper claimed that this decision created an “image right” (to date, image rights are not recognised in English law) which would have “wide-ranging and serious consequences not only for local, national and international digital journalism but for anyone posting pictures of children on social networks” (Weller). A publisher’s a... Read More