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funkyworm

Meanwhile... in a courtroom... in a country far far away.

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Yesterday I attended a seminar on copyright organised by one of our professional organisations here in Holland. An interesting recent decision by a court came up in passing.

 

For the Nederlandstaligen under you this blog explains it in detail:

https://www.charlotteslaw.nl/2017/12/geen-auteursrecht-op-stockfotos/

 

The gist of it is that a stock library sued for misappropriation of one of their images. An image of a temperature gauge in a car. The judgement was that copyright law rests on the work having an original character and carrying the personal "stamp" of the photographers knowledge. In this case it was judged that the image was (my words) too simple to carry the personal stamp of the photographer.

 

In the presentation yesterday it was mentioned that another judge may have judged differently, if it went to appeal the decision could be reversed. The blog too argues that there are obvious choices made in producing the image, even though we aren;t talking about high art. However it sets a precendence about how courts are interpreting copyright laws with regard "simple" images. Interpretations which could have consequences.

 

 

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That's worrying- there was a French case like that recently about a Jimi Hendrix image. Obvously the transposition of the "intellectual creation" part of the copyright directive into national law is causing some problems. Less likely in a common law jurisdiction such as the UK's, I think, but it's troubling that photographers are being forced to defend their property.

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