Schools may not simply photos copyrighted to adopt, even if they are part of a presentation by a student. That the photographer already has given permission to any other website to the photo spread, doesn’t matter. That considers the European Court of Justice Tuesday in a judgment.
The case revolved around a school in Germany. That had a slideshow of a pupil with an image of a travel website on the schoolwebsite. A German photographer was one who had a travel website with the permission given to one of his photos to use. A pupil of a secondary school in the state of North rhine-Westphalia had the picture downloaded and used in a presentation for one of his subjects. The school has published, then that presentation on its website.
But the photographer was disagree. He went to the court because of the violation of his copyright. He had only the travel website is given permission, sounded it, and not the school.
The German court drew thereon to the European Court of Justice. That judge now that the schoolwebsite indeed again the explicit permission of the photographer. By the photo on another website, makes the school the picture available for a ‘different audience’, it sounds, while the photographer only has given permission, with the eye on the audience of the travel website.
For hyperlinks back to the initial site will lead you – is a different argument. That ‘contribute to the smooth functioning of the internet’, according to the Court. Link to a photo on the original site, which may therefore be.