Major European photographic copyright decision

[Tannin]

Top Euro court: No, you can't steal images from other websites

Very interesting case, precedent set. Excellent write-up here: https://www.theregister.co.uk/2018/08/08/europe_supreme_court_copyrighted_images/

As always, The Register's discussion page has worthwhile contributions too. https://forums.theregister.co.uk/forum/1/2018/08/08/europe_supreme_court_copyrighted_images/

[Nick Cliff]

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That is interesting, I suspect the lawyers will have a field day now in Europe at least.
The Pinterest business model may take a bit of a hit:)

cheers Nick

[ricktas]

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That is interesting, I suspect the lawyers will have a field day now in Europe at least.
The Pinterest business model may take a bit of a hit:)

cheers Nick

That depends on the T&C of the Pinterest site I would think. (I have never looked at that site) but it could well have clauses about use of images and sharing etc.

[John King]

Thanks for that link, Tony.

It went out of its way to stress that hyperlinking to a picture is very different to downloading and uploading a photo to a different website, but noted that "the posting of a work protected by copyright on a website other than that on which it was initially communicated with the consent of the copyright holder must, in circumstances such as those at issue, be regarded as making available to a new public."

This has always been my view. Regularly argued with the CEO of DPR. ...

[Tannin]

Somebody once uploaded dozens and dozens of my pictures to Pinterest. (Without permission, of course.) I filled out a complaint form for the first 3 or 4 I spotted, and they took the whole lot down. Ca't remember any details now, It was perhaps 5 or 6 years ago.

PS: I have never yet figured out what the point of Pinterest is anyway. Possibly you need to be born after 1990 to get it.)

[Nick Cliff]

Interesting when you consider the number of photos acquired by museums not always entirely honestly at times with possession being 9/10ths of the law.
My grandfather loaned a large collection of photos taken in Australia around 1904 sort of a day in the life of Australia folio produced by a top photographer to a friend to look at.
His friend took the photos to a museum who apparently spent a lot of money preserving the photos and declined to return the collection to my grandfather due to their national historical importance.
The portfolio was a one off produced and paid for by his staff I understand by a large company that my great grandfather managed and given to him as a gift when he retired in Sydney, NSW.
My grandfather requested that the museum give his descendants access to the photos and to be able to get copies of any of the photos in the future as a compromise.
My grandfather was understandably a little concerned if the museum would honor their side of the bargain so one day I will have to find out.
I imagine the museum would have the copyright on these photos now however the collection is still complete and hopefully it will not be sold off in the future by the museum,

cheers Nick

[John King]

Nick, the museum's actions breach s.51 xxxi of the Australian Constitution ("The Castle" principle ... "s.51 (xxxi) the acquisition of property on just terms from any State or person for any purpose in respect of which the
Parliament has power to make laws;"), if the Museum was a Federal body under the Constitution.

In any event, everywhere in Australia (except Victoria ... ), you cannot pass on better title to property than you have yourself. IOW, your Grandfather's friend had no good title in the collection which they could pass on to the museum. They remain the property of your grandfather and his successors in law. Just IMNSHO.

[Nick Cliff]

John interesting to know so in effect the museum is caring for the photos now and cannot deny me access at any time in the future.
I do understand it is important the photos are properly cared for future generations and some of these old photos seem to be quite collectible now at least in the USA,

cheers Nick

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