Painer v Standard VerlagsGmbH

A portrait photograph can be protected by copyright as an original work, because the photographer makes free and creative choices in taking it.

Citation
Case C-145/10, [2011] ECR I-12533
Court
Court of Justice of the European Union
Year
2011
Subject
Intellectual Property Law
Topic
Copyright: subsistence, originality and authorship

Facts

Ms Painer, a freelance photographer in Austria, took photographs of a young girl, Natascha Kampusch. Some years later, the girl was abducted and held captive for eight years. During her captivity, newspapers published Ms Painer's photographs of her, and after her escape, they published a photofit image made from one of the photographs, showing what she might look like. Ms Painer sued for infringement of copyright.

Legal principle

The Court of Justice held that a portrait photograph can be protected by copyright, if it is the author's own intellectual creation, reflecting the author's personality and expressing his free and creative choices. In a portrait photograph, the photographer can make free and creative choices in several ways, such as the setting, the pose of the subject, the lighting, the framing, the angle of view and the atmosphere created. The protection given to a portrait photograph is not lower than that given to other works.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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