It emerged yesterday that actress Kate Winslett’s new husband Ned RocknRoll is trying to stop The Sun republishing photographs of him which have appeared on Facebook.
He succeeded last week in obtaining a temporary injunction banning The Sun from using the pictures and the case is now being argued at the High Court.
RocknRoll, 34, sought the injunction after The Sun went to him for a comment in advance of publication.
The photos of him in fancy dress were taken from a publicly accessible Facebook page so were already public knowledge, The Sun is arguing.
RocknRoll’s lawyer David Sherborne told the court that the photos of him “partly naked” were taken at a private party – held in 2010 – and were never intended for publication.
Facebook’s terms and conditions state that those who upload photos to the site “grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post…. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.”
The terms also state: “When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).”