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Courts: Press Agency Digitisation Case Favours Photographer

Camille Pecnard on the ILO website reports: ‘Copyright infringement by digitalisation of photographs without authorisation’
‘The First Civil Chamber of the Supreme Court rendered a decision regarding the digitalisation of photographs by a press agency without the photographer’s express authorisation.
The court considered whether such digitalisation must be expressly mentioned in the contract for commercialisation of the photographs between the agency and the photographer, or whether this could be implied in the contract.’…..

…..The Paris Court of Appeal found that the digitalisation of the photographs constituted an unauthorised act of reproduction and a “transfer of the author rights which were not contractually planned and delimited”…..
Full report here: