Wang Choong Li v Wong Wan Chin: Copyright Ownership of Wedding Photographs Dispute
In Wang Choong Li v Wong Wan Chin, the High Court of Singapore heard an appeal regarding the ownership of copyright in pre-wedding and wedding photographs. Wong Wan Chin, the Respondent, sued Wang Choong Li, the Appellant, for breach of copyright. The High Court dismissed most of the appeal, finding that the Respondent owned the copyright to the pre-wedding photographs but not the wedding day photographs. The court also discharged the injunction against the Appellant's use of the photographs and reduced the damages awarded.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed in part. Copyright in pre-wedding photographs vested in the Respondent. Copyright in wedding photographs not vested in the Respondent. Injunction discharged.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dispute over copyright ownership of pre-wedding and wedding photographs. The court dismissed most of the appeal, except for the wedding photographs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wang Choong Li | Appellant | Individual | Appeal dismissed in part | Partial | |
| Wong Wan Chin | Respondent | Individual | Judgment for Respondent in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Bhaskaran Shamkumar | APAC Law Corporation |
| Mohamed Nawaz Kamil | Tito Isaac & Co LLP |
4. Facts
- The Respondent engaged the Appellant to provide wedding services, including photography.
- The Respondent had a pre-wedding photo-shoot in London using gowns supplied by the Appellant.
- The Respondent handed over the pre-wedding photographs to the Appellant in a DVD.
- The Appellant used the pre-wedding photographs at wedding exhibitions.
- Wedding day photographs were taken by a free-lance photographer.
- The Appellant displayed a coffee table book containing the wedding day photographs.
- The Collection Form stated: ‘Sponsor for Photoshoot Rental FOC Dry cleaning charge in return for CD photos as sample book’.
5. Formal Citations
- Wang Choong Li v Wong Wan Chin, District Court Appeal No 27 of 2014, [2015] SGHC 128
6. Timeline
| Date | Event |
|---|---|
| Respondent engaged the Appellant to provide wedding services. | |
| Respondent and Baram decided to buy suits instead of renting. | |
| Respondent signed the Collection Form. | |
| Pre-wedding photo-shoot in London. | |
| Wedding day. | |
| District Court Appeal No 27 of 2014 | |
| Judgment reserved. |
7. Legal Issues
- Copyright Ownership
- Outcome: The court held that the Respondent owned the copyright to the pre-wedding photographs but not the wedding day photographs.
- Category: Substantive
- Sub-Issues:
- Commissioning of Photographs
- Assignment of Copyright
- Breach of Contract
- Outcome: The court found that no contract was formed between the parties regarding the licensing of the pre-wedding photographs.
- Category: Substantive
- Sub-Issues:
- Formation of Contract
- Parole Evidence Rule
8. Remedies Sought
- Damages
- Injunction
9. Cause of Actions
- Breach of Copyright
10. Practice Areas
- Intellectual Property Litigation
- Commercial Litigation
11. Industries
- Wedding Services
- Photography
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mail Newspapers Plc v Express Newspapers Plc | N/A | Yes | [1987] FSR 90 | N/A | Cited regarding the ability of one co-owner to sue to restrain infringement. |
| Lauri v Renad | N/A | Yes | [1892] 3 Ch D 402 | N/A | Cited regarding the ability of one co-owner to sue to prevent interference with the rights of the co-owners by a stranger. |
| Powell v Head | N/A | Yes | (1879) 12 Ch D 686 | N/A | Cited to show that a part-owner could not lend or deal with the entirety of the copyright without the authority of the other part-owners. |
| Zurich Insurance (Singapore) Pte Ltd v B-Gold Interior Design & Construction Pte Ltd | N/A | Yes | [2008] 3 SLR (R) 1029 | Singapore | Cited regarding the interpretation of contracts between the parties, and not with the actual formation and existence of such contracts. |
| Pollard v Photographic Company | N/A | Yes | (1888) 40 Ch D 345 | N/A | Cited in the context of implication of terms. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Copyright Act (Cap 63, 2006 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Copyright
- Pre-wedding photographs
- Wedding day photographs
- Commissioning
- Licence
- Collection Form
- Sponsorship
- Assignment
15.2 Keywords
- Copyright
- Wedding photographs
- Pre-wedding photographs
- Commissioning
- Licence
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Copyrights | 90 |
| Breach of Contract | 50 |
| Contract Law | 50 |
| Estoppel | 30 |
| Agency Law | 30 |
| Evidence Law | 20 |
| Wedding Services | 20 |
16. Subjects
- Copyright
- Contract Law
- Intellectual Property