Damaso
Photojournalist
Good news for photographers, assuming it holds up on appeal
http://www.bjp-online.com/british-j...tographers-copyright-in-landmark-twitter-case
In this week's landmark decision, the judge presiding over the case, has found that AFP and The Washington Post had infringed on the photographer's copyright. "The Twitter [terms of service] provide that users retain their rights to the content they post - with the exception of the license granted to Twitter and its partners - rebutting AFP's claim that Twitter intended to confer a license on it to sell Morel's photographs," the judge said, according to Law360.
As a result of this decision, AFP and The Washington Post are liable for copyright infringement. However, Morel won't be able to claim damages for each use of the images, the judge found. Instead, Morel will be able to claim a single statutory damange award per image infringed.
The case, however, continues as the judge has refused to rule on a variety of other claims such as Getty Images' role in the infringement. He also declined summary judgement on Morel's claim that the infringement was wilful. These issues are expected to be resolved at trial.
http://www.bjp-online.com/british-j...tographers-copyright-in-landmark-twitter-case
In this week's landmark decision, the judge presiding over the case, has found that AFP and The Washington Post had infringed on the photographer's copyright. "The Twitter [terms of service] provide that users retain their rights to the content they post - with the exception of the license granted to Twitter and its partners - rebutting AFP's claim that Twitter intended to confer a license on it to sell Morel's photographs," the judge said, according to Law360.
As a result of this decision, AFP and The Washington Post are liable for copyright infringement. However, Morel won't be able to claim damages for each use of the images, the judge found. Instead, Morel will be able to claim a single statutory damange award per image infringed.
The case, however, continues as the judge has refused to rule on a variety of other claims such as Getty Images' role in the infringement. He also declined summary judgement on Morel's claim that the infringement was wilful. These issues are expected to be resolved at trial.
