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Bobbie Bobster

Top Euro court: No, you can't steal images from other websites

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From The Register - https://www.theregister.co.uk/2018/08/08/europe_supreme_court_copyrighted_images/

The European Court of Justice has determined that a website must get permission from the copyright owner of an image before it use the picture itself – even if that photo or illustration is readily available elsewhere.

The question asked of the ECJ was: "Whether the concept of 'communication to the public' covers the posting on a website of a photograph which has been previously published on another website without any restrictions preventing it from being downloaded and with the consent of the copyright holder."

The court ruled on Tuesday that yes, it does. And that has huge implications for anyone in charge of a website.

There is one very unfortunate aspect to the case: the infringing party wasn't some scumbag cloning outfit that steals people's content to make money, but rather a German schoolchild doing a class project.

The unnamed youngster downloaded a picture of the picturesque Spanish city of Córdoba from a travel website, and used it in a presentation at her secondary school. The presentation was then posted on the school's website where it was noticed by the copyright holder – photographer Dirk Renckhoff – who then sued the western German state where the school was based, Land Nordrhein-Westfalen, claiming damages of €400.

Could this spawn a whole raft of "Death of the Meme" memes?  What about photos posted on discusion forums?

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1 hour ago, Bobbie Bobster said:

What about photos posted on discusion forums?

Such as your avatar....?

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1 hour ago, Bobbie Bobster said:

The unnamed youngster downloaded a picture of the picturesque Spanish city of Córdoba from a travel website, and used it in a presentation at her secondary school. The presentation was then posted on the school's website where it was noticed by the copyright holder – photographer Dirk Renckhoff – who then sued the western German state where the school was based, Land Nordrhein-Westfalen, claiming damages of €400.

The wholesale use of a photographer's work by the commercial websites without credit or payment is a valid concern. But a child's school project? The photographer's a dick. 

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6 hours ago, Declan said:

The wholesale use of a photographer's work by the commercial websites without credit or payment is a valid concern. But a child's school project? The photographer's a dick. 

The issue was not the project, but its publication on the school's website that was open to the public.

Arguably t'internet's gone to far with people Ctrl-C/Ctrl-V-ing all over the place, and nearly all of us can freely admit we are not without sin.  As covered repeatedly by the Reg's commentards, photo copyright is always there unless explicitly waived or under a creative commons-like licence.

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under uk law its ok for educational use.....

Quote

Non-commercial research and private study

You are allowed to copy limited extracts of works when the use is non-commercial research or private study, but you must be genuinely studying (like you would if you were taking a college course). Such use is only permitted when it is ‘fair dealing’ and copying the whole work would not generally be considered fair dealing.

The purpose of this exception is to allow students and researchers to make limited copies of all types of copyright works for non-commercial research or private study. In assessing whether your use of the work is permitted or not you must assess if there is any financial impact on the copyright owner because of your use. Where the impact is not significant, the use may be acceptable.

If your use is for non-commercial research you must ensure that the work you reproduce is supported by a sufficient acknowledgement.

guess this covers forums.....

Quote

Parody, caricature and pastiche

There is an exception to copyright that permits people to use limited amounts of copyright material without the owner’s permission for the purpose of parody, caricature or pastiche.

For example a comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork.

It is important to understand, however, that this exception only permits use for the purposes of caricature, parody, or pastiche to the extent that it is fair dealing.

lots more here- https://www.gov.uk/guidance/exceptions-to-copyright

bloody eu interference again in uk law.....

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4 hours ago, woody2 said:

under uk law its ok for educational use.....

guess this covers forums.....

lots more here- https://www.gov.uk/guidance/exceptions-to-copyright

bloody eu interference again in uk law.....

Educational use doesn’t include

1. Not acknowledging the copyright of the original copyright owner

2. Republishing on another website

Which is why the students work was in breach

Forum use is at posters risk, and MF, as it is not a publisher or editor, has protection so long as, when notified of breach, it takes down offending material ASAP.

As for the EU courts interfering, these copyright obligations are under international agreements, not UK only. 

 

 

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13 minutes ago, John Wright said:

Educational use doesn’t include

1. Not acknowledging the copyright of the original copyright owner

2. Republishing on another website

Which is why the students work was in breach

Forum use is at posters risk, and MF, as it is not a publisher or editor, has protection so long as, when notified of breach, it takes down offending material ASAP.

As for the EU courts interfering, these copyright obligations are under international agreements, not UK only. 

 

 

it was a joke john......

:whistling:

"MF, as it is not a publisher or editor," -hasn't that changed under GDPR?

 

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52 minutes ago, woody2 said:

it was a joke john......

:whistling:

"MF, as it is not a publisher or editor," -hasn't that changed under GDPR?

 

No it wasn’t. You were setting out your understanding of UK law ( which as usual was wrong ) and then saying an EU court was interfering.

And on the question of GDPR it has no effect on the exemption from liability of platforms which carry the words of others under international treaty, as long as they don’t act as editors.

The two are unrelated. One is to do with the restricted liability of platforms for what users post and the other is to do with the duty of the platform in its handling of the data it holds.

Its fully covered in the T&C, has been for years.

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Posted (edited)

The case is nothing to do with copyright or policing posts. It’s all to do with data registration and responsibility for registration for data processing y international entities and their EU subsidiaries of fan pages where data is collected, often in the form of cookies.

As ever W2 you understand little and pick snippets out of context to justify increasingly bizarre opinions.

you posted a link in German. I have a working knowledge, but I also read it in one of the official languages I can read and comprehend.

http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30dd0dd87fd4e7b849b28509aa2ae2e2c270.e34KaxiLc3qMb40Rch0SaxyOax10?text=&docid=202543&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=761135

Edited by John Wright

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8 hours ago, woody2 said:

as i understand it:lol:

What does the giggle-face mean in this context - are you laughing at yourself here?

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1 hour ago, John Wright said:

The case is nothing to do with copyright or policing posts. It’s all to do with data registration and responsibility for registration for data processing y international entities and their EU subsidiaries of fan pages where data is collected, often in the form of cookies.

As ever W2 you understand little and pick snippets out of context to justify increasingly bizarre opinions.

you posted a link in German. I have a working knowledge, but I also read it in one of the official languages I can read and comprehend.

http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30dd0dd87fd4e7b849b28509aa2ae2e2c270.e34KaxiLc3qMb40Rch0SaxyOax10?text=&docid=202543&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=761135

it was actually a qc that spotted the wider implications of this judgement on forum admin/mods/owners not me.....

sorry if you can't read german:rolleyes: 

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1 minute ago, woody2 said:

it was actually a qc that spotted the wider implications of this judgement on forum admin/mods/owners not me.....

Haha - that's a classic Buster-ism. My learned friend.

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19 minutes ago, woody2 said:

 

sorry if you can't read german:rolleyes: 

Can you? If you can and you can understand legal language in German I'm impressed. I suspect you can't though. I'd put the level of German in that link to at least C1, your level of English isn't even B2.

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5 minutes ago, mojomonkey said:

I'd put the level of German in that link to at least C1, your level of English isn't even B2.

Ooh, woodster to the burn unit!

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