EU SAYS INTERNET PICTURES BELONG TO YOU!!

Peter Schrager · Aug 8, 2018

Just read this that the EU decided in favor of a photographer whose photo was taken and posted on a school website must get paid
Time to move to europe!

Peter Schrager · Aug 8, 2018

Sure somewhere here can find the link...

Martin Rickards · Aug 8, 2018

https://www.politico.eu/article/ecj-photographer-permission-ruling/ ?

Eric Rose · Aug 8, 2018

So to in Canada.

faberryman · Aug 8, 2018

Unsurprising result.

AgX · Aug 8, 2018

This is no news at all. The german legislation on this is 111 years old...

I guess the issue in this case arose on the term "publication". The user of the respective photo, a public school, seemingly argued that uploading on their school's website was no publication in the meaning of the law.

(Even here at Apug often the idea is uttered that non-commercial use of a protected photo is generally legal.)

As the school did not publish the photo directly, but as part of a student's work maybe this was argued on too.

slackercrurster · Aug 9, 2018

Peter Schrager said:
Just read this that the EU decided in favor of a photographer whose photo was taken and posted on a school website must get paid
Time to move to europe!

Yes, but from what I understand, in the EU you are not supposed to take photos of people in public and post on the net. If that is true, not good for street photogs.

If you need free images for your project, check with Wiki Commons, The Internet Archive, Europeana or Open Clip Art Library . They have millions and millions of free high res images. Pixabay is a truly outstanding site and has some really amazing photos…all for free.

AgX · Aug 9, 2018

slackercrurster said:
Yes, but from what I understand, in the EU you are not supposed to take photos of people in public and post on the net. If that is true, not good for street photogs.

Street photography as typically understood is illegal in Germany since 111 years.

No outcry by photographers all those years...

(The moment a person no longer is part of a large group, or just kind of add-on to a scene, and few other restrictions publication of such photograph needed permission of such person since 1907. Very recent legislation even prohibits the mere taking of a person in distress. So much for Germany.)

Sirius Glass · Aug 9, 2018

slackercrurster said:
Yes, but from what I understand, in the EU you are not supposed to take photos of people in public and post on the net. If that is true, not good for street photogs.

If you need free images for your project, check with Wiki Commons, The Internet Archive, Europeana or Open Clip Art Library . They have millions and millions of free high res images. Pixabay is a truly outstanding site and has some really amazing photos…all for free.

If one needs photographs for a project, how about getting off of one butt and taking their own photographs. It is not rocket science.

Ian Grant · Aug 10, 2018

This isn't new, it's always been the case.

The issue is some photo sharing websites have hidden clauses in their user agreements implying anyone posting images gives up their rights. I know Facebook had to change their policies in this regard but I've no idea about other sites.

Ian

AgX · Aug 10, 2018

I too am amazed that the case went that high, as to me it seemed a clear case.
Since the introduction of german author's right legislation it was clear that publication of a work does not mean that it is free to grab and re-publish.

I hope that really tricky cases now not all will end at EU High Court.

Sirius Glass · Aug 10, 2018

Ian Grant said:
This isn't new, it's always been the case.

The issue is some photo sharing websites have hidden clauses in their user agreements implying anyone posting images gives up their rights. I know Facebook had to change their policies in this regard but I've no idea about other sites.

Ian

Even before I had a photo stolen from APUG, this was the reason that I would not use any of the "photo storage websites" which I considered "photo stealing websites".

slackercrurster · Aug 10, 2018

Now, the EU'ers will have to come to USA sources to get fair use photos.

AgX · Aug 10, 2018

"Fair Use" is an american legal concept too...

(Maybe the school/defendant in this case thought of such, though the court's comment does not hint at this. And we do not have such concept here either.)

EU SAYS INTERNET PICTURES BELONG TO YOU!!

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