Matt Sunday, 4 May May you have many more, and in between birthdays, lots of GIMP-worthy days snicker. Howie Sunday, 4 May
In the present matter, having regard to the aforementioned elements, the main issues for determination as can be discerned from the pleadings can be summarised as follows: Whether the publication by FHM is defamatory.
If it is, whether it could be understood to refer to the first plaintiff. Put differently, it is whether the plaintiff was clearly recognisable and identifiable in the publication. Whether the model release form is contra bonos mores.
A further issue that arises in these proceedings relates to liability for costs which stood over for later determination, occasioned by the postponement on May Was the publication by FHM prima facie defamatory?
It has long been accepted that the determination of whether a publication is defamatory and therefore prima facie wrongful involves a two-staged enquiry. The first is to determine the meaning of the publication as a matter of interpretation and the second whether the meaning is defamatory.
The test is objective. In making this determination, a court must take into account what the publication conveys and what a reasonable person may infer from it. Whether the article was published in jest remains to be considered later in this judgment. The publication of the image of the first plaintiff as a clown riding a unicycle per se is not defamatory.
However, the same cannot be said of the text associated with it. The description of clowns and mimes as grown up men with long- term tik habits, dressed like transvestites from hell, scaring the crap out of defenceless children who grow up damaged, is without a doubt defamatory.
A reasonable reader would have regard not only to what is stated about clowns but to what is implied in the rest of the article. By implication, clowns and mimes fall into this category. It is more probable that the article bore a defamatory meaning to a reasonable reader.
In my view, there is no room for a reasonable alternative interpretation that renders it capable of being construed as innocent.
Without repeating the entire publication, it can therefore be accepted that the publication by FHM is defamatory. Indeed, I think, it is fitting to conclude that the effect of the article was belittling and humiliating to the first plaintiff as the words used have a tendency of disparaging him in the eyes of people.
But the matter does not end there, context is equally important. Thus, it must be considered in the circumstances of this case whether the publication can be understood to refer to the plaintiff. Can the defamatory statements be understood to refer to the first plaintiff?
In the context of this matter, the plaintiff must prove that the words in the relevant paragraph of the publication refer to him or that he is the person who has been defamed. Counsel for the defendants argued that the plaintiff failed to show that the paragraph refers to him rather than to the totality of clowns and mimes, and was similarly unable to show that a reference to Puddles the Clown is a reference to him.
Should this court uphold this contention, it is the end of the matter. It therefore is in my view sensible to deal with this contention upfront in the context of the arguments presented as well as the evidence tendered.
As earlier alluded to in this judgment, it is common cause that the first plaintiff, Mr Norman Pugney is a performing artist and has been one for 25 years. He testified that at the beginning of his career, he was self-taught but later trained in Broadway, New York.
One of his performances features the use of a unicycle, which he has been riding since the age of 13 years. According to his evidence, he has, through his character, Puddles the Clown, entertained approximately 3500 people.
He is the sole member of the second plaintiff, a company which was formed in Clad in his performance attire, he attended the audition which was followed by a photo shoot, and was paid an amount of R During his testimony, the plaintiff was shown a Masterfile Model Release duly signed by him.
The release reads as follows: Including the unrestricted right to publish or reproduce and to licence the publication and reproduction of the Photographs and My Image.
I acknowledge and agree that Masterfile owns the copyright to the photographs. I consent to the publication and reproduction of the Photographs and My Image by the Parties and their licensees in any form, without any restrictions on changes or alterations to or distortions of the Photographs and My Image, in all media, now or hereafter developed, including, but not limited to, advertising, display, editorial, internet, packaging, television, or for any other purpose whatsoever.
I hereby waive any right that I may have to approve a finished product or the text that may be used in connection with any reproduction or publication of any of the Photographs or my Image. I hereby expressly waive any right to seek, obtain, or enforce any injuctive or other equitable relief against Masterfile, the Photographer, the Parties and their licensees.STAGE AND SCREEN I am trying to name a film but no movie databases has the answer.
A plane has crashed and the cast of the film turn out to be ghosts who 'disappear' as their bodies are recovered. Oct 11, · Follow a Yavapai College student as he uses the many features of a library database to save time and find better results for his research topic.
Permission. 21 "But choose men of ability from all of the people. They must have respect for God. You must be able to trust them. They must not try to get money by cheating others. Genesis (KJV). 34 Now Rachel had taken the images, and put them in the camel’s furniture, and sat upon pfmlures.com Laban searched all the tent, but found them not.
The original words were idols and pfmlures.comsly this change takes away the concept that Laban . Nov 3, Update. My Letter below replies to an article in pfmlures.com predicting a recession.
Greetings to Lance Johnson, I like your article except for this one incorrect statement that the Federal Reserve is pumping billons of dollars into the economy. Smuggler. comic a recollection of my first experience searching databases books and graphic novels Most of my content applies to fiction-writing in general.