Media Law – Privacy – Elton John – Failed Injunction

Posted by family on December 11, 2011

http://family-law.fastlearnchina.com/media-law-privacy-elton-john-failed-injunction/

A bid by Sir Elton John to prevent the Daily Mail publishing a photograph of him walking with his driver from his car to his London home was rejected by the High Court. If Sir Elton had been successful in obtaining this injunction, it would have completely revolutionised British newspaper and magazine practice.

Sir Elton had his picture taken by a freelance photographer whilst walking from his Rolls Royce to the front gate of his West London home. He then heard that the Daily Mail was planning to publish the picture, and he applied for an injunction to prevent publication on the ground that it was an unwarranted infringement of his privacy. The picture merely showed him casually dressed, but he complained that it showed his baldness was returning.

In his application, Sir Elton argued that the photo in question, which was surreptitiously acquired, was taken without consent, made no contribution to any matter of public interest, and its publication would be a breach of the Press Complaints Commission code. He supported his bid with the decision in the European Court of Human Rights case of Von Hannover v Germany [2004] ECHR, which involved Princess Caroline of Monaco. It was held in this case that her right to a private family life had been violated by sustained paparazzi photography of her and her children.

Another case which sheds light on this situation is Campbell v MGN, which involved the supermodel Naomi Campbell. The House of Lords awarded her damages and compensation against the Mirror for breach of confidence in relation to the publication of photographs of her outside a Narcotics Anonymous meeting. It was stressed, however, that the activity photographed must be private. With reference to Naomi Campbell, Lady Hale said:

“Readers will obviously be interested to see how she looks if and when she pops out to the shops for a bottle of milk. There is nothing essentially private about that information nor can it be expected to damage her private life. It may not be a high order of freedom of speech but there is nothing to justify interfering with it.”

Sir Elton’s case is the first case where the inconsistency between Von Hannover v Germany and Campbell v MGN has been highlighted before the court. The question in this case was:

Did Sir Elton have a reasonable expectation of privacy in respect of the information in the photographs and, if he did, did his right to ‘respect for his privacy’ outweigh the ‘right to freedom of expression’?

Sir Elton’s application for an injunction was rejected by the High Court on the grounds that the photograph, which the Daily Mail subsequently published, did not convey any private information which could, for instance, call into question Sir Elton’s health or his sexual relationships.

Comment: The court also highlighted the fact that the Princess Caroline case involved an element of harassment from the photographers which caused suffering as she went about her daily business. This factor was lacking in Sir Elton’s application. This decision for Sir Elton means that where a celebrity’s photograph is taken in a public place, his/her lack of consent cannot prevent its publication. There would have to be a special element to make the court consider the issue of privacy.

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© RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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LES BROCHES D'ELTON JOHN AUX ENCHÈRES

http://www.vogue.fr/joaillerie/news-joaillerie/articles/les-broches-d-elton-john-aux-encheres/12099

Les 14 et 15 décembre prochain à l'hôtel Marcel Dassault de Paris, c'est un bijou des plus étonnants qui sera mis aux enchères par Artcurial. Il s'agit d'un lot de deux pièces en or jaune, une broche et un écusson ciselé de bandeaux et d'étoiles, commandées en 1975 par Elton John à la maisonCartier à l'occasion de la sortie de son neuvième album Captain Fantastic and the Brown Dirt Cowboy. Portées à de nombreuses reprises par Elton Johnlors de concerts ou sur la pochette de cet album, ces bijoux appartenaient à la mère du chanteur,Sheila Farebrother, avant d'être proposés aux enchères. Notons que cette vente se tiendra au même moment que celle d'une autre star hollywoodienne chez Christie's à New York,Elizabeth Taylor.

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Sir Elton - it’s going to be spectacular!

http://www.wetherbynews.co.uk/lifestyle/local/sir_elton_it_s_going_to_be_spectacular_1_4043938

In this photo provided by the Las Vegas News Bureau, Elton John performs at The Colosseum at Caesars Palace on opening night of his new show, "The Million Dollar Piano," Wednesday, Sept. 28, 2011 in Las Vegas. Elton's appearance marks the beginning of a three-year residency at The Colosseum on the Las Vegas Strip. (AP Photo/Las Vegas News Bureau, Brian Jones)

Published on Sunday 11 December 2011 10:00

WHAT can Harrogate expect when one of the world’s biggest acts brings his live show to town next summer for the first time?

Appearing at the Great Yorkshire Showground at the Yorkshire Event Centre, on Bank Holiday Tuesday, June 5, Sir Elton John and his band are sure to create a special occasion for the expected 15,000 crowd.

Such is the excitement locally, it’s not just fans of his music who are looking forward to it, several young, local rock groups have already put themselves forward as possible supports bands for this flamboyant pop superstar.

But what sort of show will the crowd be treated to by this musical knight of the realm who has sold more than 250 million records, making him one of the most successful artists of all time?

Unlike his last visit to this part of Yorkshire during the summer, when he appeared at Scarborough’s open air theatre, Sir Elton isn’t travelling alone, he will be bringing his whole band.

That outdoors show on the east coast ran to two-and-a-half hours with just Elton, his piano and a handpicked selection from his enormous back catalogue of hits and classic tracks.

Next June promises to be different but even better.

A fully-seated outdoor area will be created inside The Great Yorkshire Showground’s main ring which will will certainly give thousands of fans the opportunity to dance and sing along to his much-loved songs.

The first modern pop act ever to play this venue, Sir Elton’s current five-piece band includes original guitarist Davey Johnstone from his first flush of fame in the 70s era of Rocket Man, Goodbye Yellow Brick Road, Saturday Night’s Alright For Fighting and more.

Also in the ranks are Bob Birch on bass, John Mahon on percussion, Nigel Olsson on drums, and Kim Bullard on keyboards.

Yorkshire Event Centre’s managing director, Heather Parry said she was delighted to be welcoming the music legend to Harrogate for the first time.

“What an absolutely amazing concert it will be at the showground. Although in the past we’ve welcomed several world leaders, including Bill Clinton, a concert of this calibre will be a first for us.

“Apart from being wonderful news for the region’s music lovers, it will also assist us in continuing our charitable work supporting the farming and rural communities across the North of England.”

With a career that spans five decades, Elton John is one of the top-selling solo musicians of all time.

He has also been awarded numerous Grammy, Oscars, Ivor Novello and Brit Awards, as well as a knighthood from the Queen.

Through a partnership with lyricist Tim Rice came the music for both the feature film and Broadway stage production of The Lion King.

Elton also wrote the music for the stage production of Billy Elliot: The Musical and, recently, for the hit movie, Gnomeo & Juliet.

Elton pays his way http://www.odt.co.nz/news/dunedin/190438/elton-pays-his-way By Hamish McNeilly on Mon, 12 Dec 2011 Hamish Saxton Elton John's Dunedin concert pumped more money into the Otago economy than individual Rugby World Cup matches, Paymark figures reveal. Figures released by the eftpos provider show during the weekend of the Elton John concert an extra $2 million was spent in the region, compared with the corresponding period the previous year. Paymark processes around 75% of all New Zealand electronic transactions. More than $22.3 million was spent in Otago between Friday, November 25 - the day of the concert - and November 27, up from the $20.3 million spent during the equivalent days in 2010. The largest increase in spending was on the day after the concert, with spending up 13.3% - from $7 million in 2010 to $7.9 million. A Paymark spokesman said any region would be pleased to record double-digit increases of 13.3% (November 26) and 11.8% (November 27), given the sluggish economy. Tourism Dunedin chief executive Hamish Saxton said the Paymark data supported what those in the visitor sector had told him, that the concert was a success. "This is the value of events to the city and the stadium to the city. People will use events as a great excuse to come to Dunedin and explore the wider region. "This is an outstanding result." Data for the period of the Rugby World Cup showed the largest year-on-year percentage increase in spending for the Otago region was 8.2% (October 3), the day after the final game at Forsyth Barr Stadium, followed by an 8% increase the day after the opening match (September 11). Figures released by Paymark showed more than $17.45 million was spent in Otago on the Saturday-Monday at the start of the tournament, an increase of $107,000 on the same period in 2010. Dunedin Venues Management Ltd (DVML) chief executive David Davies said the figures indicated that the economic impact of a show, such as the Elton John concert, was greater than Rugby World Cup matches. A researcher was compiling economic impact reports for DVML, and while they were not in a position to be released, the Paymark statistics supported their initial findings. "This is really encouraging, but we need to be doing the same exercise after the next two or three shows, so we can answer with some strength some of the criticism that may have been laid at us over a myth of economic impact." It would also be worth comparing the impact of the All Blacks v Springboks match (September 15 next year) to learn how large-scale rugby games compared with entertainment, he said. "There could be a beginning of a strategy about event attraction, based on this kind of economic impact." The success of the Elton John concert was persuasive, but "we need to get a history of this kind of data with these kinds of result to make it a compelling argument", Mr Davies said. Results such as the Paymark data, would allow DVML to talk to other city partners about "how we go around attracting other events". "The loss of Rod Stewart can be seen in its fullest sense... "If we knew for three days it would pile $2 million back into the economy... someone, somewhere, would raise the question of whether giving someone assistance to bring an event here may not be such a bad return." A Melbourne-based promoter, Michael Gudinski, had wanted to bring Stewart to play a midweek gig at the stadium next February, but negotiations broke down. Mr Davies said when compared with sports events, venues earned more from shows, as gates opened for longer, more food and alcohol was consumed, and more merchandise sold. In regard to the Elton John concert, most tickets, accommodation and flights were paid for in advance and would not be reflected in the statistics, he said.

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