The recent ECJ ruling about copyright and posting photos on the internet

StewartR

StewartR

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Here's a very clear and well-written summary of the recent ECJ ruling.
https://www.markellaw.co.uk/posting-photos-on-the-internet-

TL, DR:
  1. Displaying somebody else's photo on your website by linking to it is OK.
  2. Displaying somebody else's photo on your website by downloading it and re-uploading isn't OK.
 
It's perhaps worth noting that one can't rely on this case judgement if either one (or both) of the servers are located outside of the ECJ's jursdiction.

Bob
 
Just for argument sake, since I don't like hot linking so can I download, re-uploading but provide a link or credit to the author?
 
ecoleman said:
No.

2. Displaying somebody else's photo on your website by downloading it and re-uploading isn't OK.
Click to expand...

Right, so I can hot link all the photos whilst don't provide any credit.

Amazing logic there....if the owner decides to change that photo to a dick pic....Fan-fricking-tastic.
 
Raymond Lin said:
Right, so I can hot link all the photos whilst don't provide any credit.

Amazing logic there....if the owner decides to change that photo to a dick pic....Fan-fricking-tastic.
Click to expand...

It's an EU law. Logic is never applied.

And, that's the owners prerogative. Don't hot link images if you don't want dick pics all over your website ;)
 
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ecoleman said:
It's an EU law. Logic is never applied.

And, that's the owners prerogative. Don't hot link images if you don't want dick pics all over your website ;)
Click to expand...

This is an interpretation one of our established EU laws on copyright, however this is the ECJ ruling on how it should be applied, and is now definitive.

It is clearly far better to get permission from the owner to use it yourself.
 
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Or just use your own, especialy if your "Supposed" to be a photographer!
 
I'm not sure why this would be seen as surprising or illogical - it's a very common (though not universal) interpretation of the law in many jurisdictions:

https://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlinking_and_framing

Judges have reached similar conclusions in landmark cases in the US (establishing the 'server test'), though a very recent controversial judgement that ruled against embedding tweets with images on news sites has re-opened the issue. The problem with banning inline linking is it tends to break the Internet:

https://www.eff.org/deeplinks/2018/...embedding-tweet-can-be-copyright-infringement
https://www.wired.com/story/embedded-tweets-copyright-law/
 
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