Copying Material From The Internet Can Be Dangerous

A recent decision of the Court of Justice of the European Union has clarified that downloading and posting a document originally on another website is copyright infringement.

The Facts

A photograph was posted on an online travel portal with the photographer's consent.  There were no restrictive measures preventing it from being downloaded. A pupil caused a copy of the photo to be posted on a school website as part of a presentation. The photographer brought proceedings in the German courts for infringement against the entity responsible for the school.

The Proceedings Below

The action was allowed and both parties appealed. On appeal it was found that the photograph was protected by copyright and that posting it on the school website infringed the photographer's reproduction right and the right to make the work available to the public.