In this Estonian case the court analysed whether a photo model can be regarded as the joint author of the (copyrightable) photograph in which she poses. The court stated clearly that merely posing for a picture did not automatically create any copyright for the photo model. In order to acquire copyright to a photograph, the person has to make an intellectual artistic contribution to the photograph, like for example choosing original postures, lighting, shooting angle and/or objects’ settings. The court also pointed out that in the event the picture had not been published under the name of the alleged author(s), the presumption of authorship does not apply.
Case date: 13 February 2019
Case number: No. 2-17-19184
Court: Tallinn Circuit Court
A full summary of this case has been published on Kluwer IP Law.
_____________________________
To make sure you do not miss out on regular updates from the Kluwer Copyright Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.
