by HoldtheFrontPage Staff
A landmark copyright battle has been won by a South East newspaper which lifted photos from a website for a police appeal story.
Following a routine briefing with officers last August, the Reading Post used seven pictures from the 'Urban Explorers' website which features images of people inside abandoned and derelict buildings.
Reading Police were keen to trace the trespassers as they believed they might have committed criminal damage to enter the town's buildings and be linked to a spate of graffiti.
Officers did not give the Post the pictures directly, instead explaining where they could be found online, but after the Post carried the appeal one of the photographers took the title to the small claims court.
He claimed his copyright had been breach and demanded £495 payment for use of the shots.
However the Post defended its use of the pics on the grounds of public interest as they had been used as part of a police appeal – believed to be the first time a newspaper has won such a case.
Sitting at Swindon County Court, Deputy District Judge Kirconel threw out the photographer's claim this week, saying: "Whatever view may be taken by individuals on the rules which govern our society...you can't flaunt them.
"The civil and criminal law exists to correct that. It does seem to me that by posting these pictures on a website the copyright owner is promoting and encouraging his activity.
"These pictures seem to be worn as a badge of pride. And clearly the pictures themselves could make others think it was a jolly good idea to enter abandoned buildings.
"There also could well be an accident and the public may suffer. It's a serious social problem."
Deputy editor Hilary Scott said: "The police sent a statement with us to court, saying why they were interested in speaking to these people.
"As far as we know, it's the first time it has ever involved a newspaper and that a paper has used the public interest defence in a copyright claim.
"We're grateful that Judge Kirconel took the stance he did. It's essential that newspapers are not hindered in helping the police and protecting the communities we serve."
The Post, working with the Newspaper Society's political, editorial and regulatory affairs department, used case law from 2001.
That judgement said a court would be entitled to refuse to enforce copyright of work if the work is immoral, scandalous or contrary to family life, incites or encourages others to act in such a way, or injurious to public life, public health and safety and administration of justice.