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ARTICLE · 07 SEPTEMBER 2015

Use of photos from another Twitter or internet page: copyight issues

The publication of photos on Twitter or on other web pages does not entitle anyone to use or republish those photos.

AustraliaIntellectual Property

Another reminder has been sent by the Courts confirming that publication of photos on Twitter or on other web pages does not entitle the world at large to use or republish those photos.

In 2013, the Sun‑Herald newspaper published a report on a Mr Monty. The article contained a photograph of Mr Monty together with what appeared to be a professionally created photograph of his partner. The picture was of his partner in bed and semi‑naked from the waist up.

Mr Monty asserted that he was the copyright owner of the photo (he had taken it). He sued Fairfax for breaching that copyright.

The photograph had previously been published on his partner's Twitter account. In addition, the photograph had been published on a website advertising his partner's business. Mr Monty took no issue with the photograph being used in this regard but this did not, according to the Court, deprive him of the right to obtain damages for breach of copyright by the newspaper.

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