Blarney Stone photography rights disputed

A dispute over the right to take photographs of people kissing the Blarney Stone will come before the High Court later this week…

A dispute over the right to take photographs of people kissing the Blarney Stone will come before the High Court later this week.

The Quaid Gallery Ltd, which has taken photos of people kissing the stone since 1990 and boosted its business to sales of €250,000 last year, has challenged a decision to terminate its lease at Blarney Castle. The company said it appeared that the estate was proposing to take over photography at the castle.

Niamh Hyland, for the company, yesterday secured leave from Mr Justice Frank Clarke to serve notice on Charles Colthurst, owner of Blarney Castle, of her client's intention to seek an injunction restraining termination of its photography service. The judge returned the matter to tomorrow.

In an affidavit, Catherine Quaid said she and her father John had been operating the service since 1990 from a kiosk in the grounds.

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The Quaid Gallery occupied the kiosk some 183 days of the year. Her father had researched the possibility of introducing digital photography in 2004 and Mr Colthurst had consented to the erection of five aerials around the grounds to facilitate this. Mr Colthurst also gave permission to Mr Quaid to seek planning permission for a new kiosk, she said.

She said her father entered discussions with Cork County Council but the application did not go ahead. However, a new kiosk was constructed on the same site as the previous kiosk to permit the introduction of digital photography. The company spent €55,000 on equipment for this.

Ms Quaid said she was surprised and upset when her company received a letter on February 21st, 2006 from Mall Management, agents for Blarney Castle, saying that, from spring 2007, the estate would make new arrangements for photography and the Quaid company's facility would cease. The letter said it reflected "a commercial decision to deal with photography in a different manner from 2007".