Copyright Protection, Freedom of Expression, and Fashion Show Photographs?

Barry Werbin a Partner at Herrick Feinstein LLP wrote a review of the Ashby Donald and others v. France [ECtHR (5th section), 10 January 2013] decision for the EASL Blog. Claimants were photographers — Robert Ashby Donald (USA), Marcio Madeira Moraes (Brasil)  and Olivier Claisse (France). Following is an excerpt:

“A fascinating and unusual decision of first impression (published only in French) from the European Court of Human Rights (ECHR) involves the rights of photographers to use photographs taken at French fashion shows. Under French law, the fashion houses own the copyrights to any photos taken at a show. In the case, Ashby Donald and others v. France [ECtHR (5th section), 10 January 2013], the Court clarified for the first time that a copyright infringement conviction based on illegally reproducing or publicly communicating copyright protected material can be deemed an interference with the rights of freedom of expression and information under Article 10 of the European Convention.”

To read the entire summary, visit EASL Blog.
To read the decision (in French), visit European Court of Human Rights website.
Other sources: ECHR Blog.

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