Because of this European case law, a simple school presentation can violate copyright...

The new European directive on copyright, which threatened many sites and social networks, including Wikipedia, was rejected at the beginning of July 2018. The directive indeed required that an agreement be notified for the reproduction of the slightest link or lesser quote. Difficult to implement systematically on each site. Yes, but... Chase the idea out the door, it will come back through the window. It is at least the spirit of a new case law Court of Justice of the European Union (CJEU), which ruled on August 7, 2018 that the reproduction on a website of a photograph freely accessible on another site required a new prior authorization from its author. This judgment is not insignificant, and could mark the beginning of a vast series of appeals... especially for school presentations! 

The photographer had given his consent to a travel site … but not to the high school student making his presentation

The European judges had been seized by the Justice German company to settle a dispute between a photographer and the regional authorities of the Land of North Rhine-Westphalia. The photographer, Dirk Renckhoff, had authorized a travel site to publish one of his photos of the city of Cordoba. A high school girl downloaded it from this site (where it was freely accessible) to illustrate a presentation. The photo was then reproduced on the website of his school without permission from his author.

400 euros. The photographer then seized German justice, arguing that he had only authorized the travel site, and not the school, to use his image. Denouncing an infringement of his copyright, he demanded the removal of his photo from the school site and 400 euros in damages. The German courts then seized the CJEU to clarify the scope of the European directive on copyright.

Each new upload requires a new authorization because "reaches a new audience" according to EU

In its judgment delivered on August 7, 2018, the European Court rules that "the posting on a website of a photograph freely accessible on another website with the authorization of the author requires a new authorization from this author". "Indeed, explains the European judge, by such posting, the photograph is made available to a new public." "Subject to the exceptions and limitations provided exhaustively by the directive, any use of a work carried out by a third party, without the prior consent of the author, must be regarded as infringing the rights of the author of this œwork", continues the judgment of the CJEU.

This decision could lead to a multitude of appeals filed by artists, commented Nils Rauer, of the law firm Hogan Lovells. "The idea is that our society should recognize and protect works subject to copyright. The general intention of the Commission, the European Parliament and the judiciary is to create respect for copyright", he said. The Court points out, however, that the reproduction of an image differs from the provision of a protected image using a clickable link to a site authorized by the copyright holder, which is authorized.

 

SS with Reuters