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European Union · Austria referral · Publication & licensing

Painer: the use of a portrait photograph in the press

Decision date · 1 December 2011

The dispute

A photographer challenged newspaper uses of a portrait. The reference concerned the originality of portrait photography and exceptions relevant to the press.

The decision

The Court of Justice explained how a portrait can qualify for copyright protection through the photographer’s creative choices and addressed the conditions for exceptions.

Sources

Court of Justice of the European Union · C-145/10

Court of Justice press release

Painer: the use of a portrait photograph in the press | ArtTraceX