The Star newspaper has been ordered to pay £1,100 damages to a freelance photographer yesterday for "lifting" his photograph of a Dublin crime suspect. Dublin District Court was told a photograph taken by Mr Derek Speirs of Mr Gerry Hutch, who is known as "The Monk", appeared in the Sunday Tribune on August 25th, 1996, following a meeting of the anti-drugs group ICON in the north inner city. Judge Michael O'Leary said the Star had published the photograph the follo wing day without Mr Speirs's per mission, claiming it had been unable to contact him.
Judge O'Leary said it was the case of the Star's news editor, Mr Dave O'Connell, that this was common practice in the industry, but this had been contradicted by testimony from Ms Liz Morgan, Deputy News Editor of The Irish Times, and Mr Nick Mulcahy of Business Plus magazine.
The judge said the case involved clear infringement under the Copyright Act that also allowed him to make exemplary damages. He ordered Independent Star to pay Mr Speirs £100 for use of the photograph and £1,000 in damages plus costs and witness expenses.
After the judgment, Mr Seamus Dooley, Irish organiser of the NUJ, said the union was "cracking down" on infringements of freelances' copyrights.
The case followed a £500 settlement paid to a Limerick freelance, Ms Valerie Sweeney, whose article about a trans-gender hairdresser was lifted from Woman's Way and appeared in the Star under the by-line of another reporter.