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
Ø 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)
Ø Thus freelancer must have known situation was one of confidence.