EU's Top Court Backs Copyright Holder in Landmark Ruling

Advertisement
By Reuters | Updated: 8 August 2018 12:30 IST

Users who publish content freely available on the internet should get consent from the person behind it, Europe's top court ruled on Tuesday in a boost to the bloc's creative industries.

Regulators say they lose out because illegal uploads of works on big online platforms such as Google's YouTube and Vivendi's video-sharing site Dailymotion deny publishers, broadcasters and artists of revenues.

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.

Advertisement

Photographer Dirk Renckhoff then sued the city of Waltrop and North Rhine-Westphalia for copyright infringement and EUR 400 (roughly Rs. 32,000) 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.

Advertisement

"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," they said.

Advertisement

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.

"Subject to the exceptions and limitations laid down exhaustively in that directive, any use of a work by a third party without such prior consent must be regarded as infringing the copyright of that work," the court said, referring to EU copyright legislation.

Advertisement

The ruling could result in a rash of litigation as artists assert their rights, said Nils Rauer, a partner at Frankfurt-based Hogan Lovells.

"The idea is that we as a society should appreciate and protect copyrighted works. The overall intention of the Commission, European Parliament and the court is to create respect for copyright," he added.

The case is C-161/17 Land Nordrhein-Westfalen v Dirk Renckhoff.

© Thomson Reuters 2018

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Further reading: YouTube, EU, Dailymotion
Advertisement

Related Stories

Popular Mobile Brands
  1. OnePlus 15 Price in India May Have Leaked via Listing Ahead of Launch
  2. OnePlus 15 Launching Today: Everything You Need to Know
  3. Honor 500 Series Will be Launched in These Shades, Storage Variants
  4. Realme GT 8 Pro Camera Details Confirmed Ahead of Nov 20 India Launch
  5. Vivo X300 Series Teased to Launch Soon in India
  6. ChatGPT With GPT-5.1 AI Model Is Warmer and Friendlier
  7. Apple Intelligence Webpage Drops Support for Macs With M1 Chips
  8. Valve Unveils Steam Frame VR Gaming Headset With These Specs
  9. iQOO Confirms November Service Day With Complimentary Device Maintenance
  10. A Future OnePlus Smartphone Could Debut With a 240Hz Display
  1. Vivo X300 Series With Zeiss-Backed Cameras Teased on Amazon Ahead of India Launch: Expected Specifications
  2. Valve Enters Console Market Again With Steam Machine, a New PC/ Console Hybrid That Launches 2026
  3. Honor 500 Pro, Honor 500 Listings Reveal Storage Variants, Colour Options
  4. Valve Steam Frame VR Gaming Headset Announced With Eye-Tracking Cameras: Availability, Specifications
  5. OpenAI Upgrades ChatGPT With GPT-5.1 AI Models, Brings Friendlier Conversations and Less Jargon
  6. iQOO Announces Service Day Benefits Including Free Back Case and Protective Film
  7. Apple Updates Website to Say Apple Intelligence Needs M2 Mac or Newer
  8. iPhone 18 Pro Max Tipped to Be Heavier and Thicker than iPhone 17 Pro Max
  9. Dell Pro Plus Earbuds Launched in India With ANC, Microsoft Teams Open Office Certification: Price, Features
  10. OnePlus 16 to Reportedly Come With a 240Hz Dynamic Refresh Rate Screen
Gadgets 360 is available in
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2025. All rights reserved.