Kerry Underwood

PHOTOGRAPHS AND COPYRIGHT

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Kerry is undertaking a 10 city Autumn Tour with his new course – Getting the Retainer Right.

For full details and to book click here

 

PHOTOGRAPHS AND COPYRIGHT

In Land Nordrhein-Westfalen v Dirk Renckhoff

the European Court of Justice held that it was a breach of a photographer’s copyright to republish a photograph without permission, even though it had appeared online.

The fact that a photographer had given permission for the photograph to appear elsewhere did not entitle anyone else to use it.

Here a German secondary school re-published the photograph without permission of the photographer.

The European Court of Justice, currently still the highest court in England and Wales, held that even where a work was freely accessible to all internet users with the consent of the copyright holder, publication on a new publicly accessible website constituted making that work available to the public within the meaning EU Directive 2001/29, also known as the InfoSoc Directive.

Linking to the original work is acceptable, but making a new copy available is not.

This decision follows the law in relation to published articles and copyright, where a link to a website is permissible but reproducing the work without permission is not.

 

 

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Written by kerryunderwood

August 24, 2018 at 12:25 pm

Posted in Uncategorized

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