A newspaper sent a photographer to a hotel where a photo shoot was being held for the cover of a new

A newspaper sent a photographer to a hotel where a photo shoot was being held for the cover of a new CD involving a well-known popular group. The hotel’s swimming pool was drained and a sports car lowered into it. The band’s manager supervised the position of the car, the band members and several other objects around the pool. Security for the photo shoot was very tight. The public was not permitted to photograph the set. The newspaper photographer gained access by posing as a guest. He did not reveal his real intent. He secretly took a number of photographs of the set. The newspaper eventually published one of the photographs of the set. The newspaper eventually published one of the photographs which was very similar to the photograph chosen as the CD cover. The newspaper also made posters from the photo and offered to sell them to its readers. The recording company, CR Pty Ltd, which owned the rights to the CD sued for breach of confidence and breach of copyright. CR sought an interim injunction to stop the sale of the posters. Did it succeed?

 

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