Creation Records Ltd and Another v News Group Newspapers Ltd [1997] EMLR 444

• Oasis were doing photoshoot for their upcoming album at hotel.

• Freelance photographer was allowed to view scene along with others staying at hotel, and took photos which were published in Sun.

• Record company sued.

Held

• Despite fact that freelancer was able to view scene, was not permitted to photograph it

  • This clear from security arrangements around scene.

• Thus scene of photograph was one of confidentiality.

• Is obvious freelancer behaved surreptitiously to obtain photo (i.e. given security measures)

  • Thus freelancer must have known situation was one of confidence.