BEAUTY'S REWARD

Evening Post, Volume CIV, Issue 70, 20 September 1927, Page 5

BEAUTY'S REWARD

USE OF PHOTOGRAPH

SMALL DAMAGES AWARDED

An entrant in last year's "beauty" competition, Miss Lucy Lancely, aged nineteen, has been awarded small damages by Mr. W. G. Riddell, S.M., in the case in which she claimed £50 from both S. P. Andrew, Ltd., photographers, and J. Ilott, Ltd., for the alleged wrongful use of her photograph. The case was concluded in the Magistrate's Court yesterday afternoon, several witnesses giving evidence after "The Post" went to press. Spencer Digby, who took tho photoJ graph of Miss Lancely that was subsequently sold by him to Messrs. Ilott, Ltd., for use in another advertisement, said that no conversation regarding its use for further commercial purposes had taken place between, him and the plaintiff. He took it for granted, however, that the photograph could be so used.

Keith M'Callum and Victor S. Lloyd, ofllott's, also gave evidence. They said it was the usual practice for photographers to use as they pleased photographs that had not been taken in consideration for money. Mr. W. G. Riddell, S.M.: "I don't think we need go any further. This case has already taken up more time than the circumstances warrant." Regarding the alleged wrongful use of the copyright of the photograph, he said, he did not think the claim could succeed on this ground. Tho only question for him to consider was whether or not Miss Lancely had suffered, and, if so, to what extent. As soon as the photograph had appeared the plaintiff had complained, and Ilott's had done everything in their power to withdraw it from further publication. The plaintiff was entitled to some damages, but they must be very small. Judgment for £1 and costs was given against each 6f the defendants. At the hearing, Mr. L. J. Maule appeared for the plaintiff, and Mr. R. Kennedy for the defendants.