Some of you may well be wondering what “guerrilla projection advertising” actually is, let alone whether it affects/has affected you or your business.  For those of you that are wondering that, it can be explained very briefly as, the projection of an image (moving or otherwise) onto a building or other object, without the appropriate permission of the local authority and/or the building owner.

It is an incredibly popular form of advertising on the streets of most major US states, and there is no reason why this isn’t going to become a bigger craze in the UK.  A number of companies have set up an offering of this sort, and a quick Google search shows just how vast and well organised this commercial set-up actually is.

You might now see where the legal issue comes about:  how can you, as a building/property owner, prevent the unauthorised broadcast of images/videos or other media, on to your property? What action can you take where such broadcasting has already happened?  How can you stop it from happening again?  The local authority may be in a position to take action, but that won’t account for your loss.  Regrettably, it seems this method of advertising isn’t yet covered by the law, but there are some concepts that might well apply.

The loss you might suffer is clearly going to be the premium you would have charged, to the “projector” of such media, for permission to display it on your building.  The unauthorised projection would therefore avoid paying this fee, and you would suffer loss, equal to the sum you would have charged.

There are a few legal concepts that we consider may apply to this situation, but as it is yet an untested area of law, we would advise that you seek legal advice immediately.  Not necessarily at the point you discover the advertising, but at the point you are approached to agree such advertising – a well worded contract is key to protecting your legal position both before and after the event.

If the advertising is discovered to have taken place without your consent, it is imperative you contact a lawyer immediately.  Our litigation lawyer, Daniel Tetsell, advises, “as soon as you are made aware of unauthorised advertising on your building or property, you should act quickly.  There are rights you may have against the person committing such action, and we have experience in bringing claims against people who have benefited from their own wrongdoing.  We would urge you to act quickly, and seek assistance as soon as you can.”

You can contact Daniel on 01905 730 462 or at dtetsell@thursfields.co.uk.

 

 

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