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EU's top court backs copyright holder in landmark ruling
The Court of Justice of the European Union (ECJ) ruling came after a secondary school student in Germany downloaded a photograph of Cordoba from a travel website to illustrate a presentation which was then published on the school website. Photographer Dirk Renckhoff then sued the city of Waltrop and North Rhine-Westphalia for copyright infringement and 400 in damages. A German court then sought guidance from the Luxembourg-based ECJ, which went against a non-binding opinion from its adviser four months ago.
Photographer Dirk Renckhoff then sued the city of Waltrop and North Rhine-Westphalia for copyright infringement and 400 in damages. A German court then sought guidance from the Luxembourg-based ECJ, which went against a non-binding opinion from its adviser four months ago.
"The posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorisation by that author," judges said. "By posting on the internet, the photograph is made available to a new public [wtf]," they said. Judges said posting a work online was different from hyperlinks [?!]
"By posting on the internet, the photograph is made available to a new public [wtf]," they said. Judges said posting a work online was different from hyperlinks [?!]
which lead users to another website and thus contribute to the smooth functioning of the internet.
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