Land Nordrhein-Westfalen v. Dirk Renckhoff
Case Law- Country
- Country Location
Latitude: 51.168768345617636
Longitude: 10.094236493110516
- Country Location (linked Case Law)
- Germany
- Decision Date
- Aug 7, 2018
- Case Status
- Closed
- Case Outcome (Procedural)
- Motion Granted
- Case Outcome (Disposition)
- Advisory Opinion/Preliminary Ruling
- Keywords
- Copyright
- Intellectual Property
- Case Number
- C-161/17
- Case Summary
The Court of Justice of the European Union (CJEU) issued a judgment interpreting the meaning of “communication to the public” within a provision of an EU Directive on the harmonisation of certain aspects of copyright and related rights. The Court ruled that the unauthorized re-posting of photographs constitutes a communication to the public and thus an infringement of copyright. In March 2009 a secondary school in Germany published a student’s presentation on its website which included a photograph downloaded from an online travel portal. Although the student included a reference to the travel portal, the photographer sued the city where the school is located for copyright infringement. The German Federal Court of Justice referred the case to CJEU seeking clarifications regarding the concept of “communication to the public”, and the CJEU held that the posting of the photograph on the school website constituted the communication of the work to a different audience than the audience of the travel portal and that, therefore, it was an infringement of the photographer's copyright.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source URL
- Columbia Global Freedom of Expression