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Eva-Maria Painer v. Standard Verlags GmbH

Case C-145/10 (2011)

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Eva-Maria Painer v. Standard Verlags GmbH

European Union Court of Justice
Case C-145/10 (2011)

Facts

Eva-Maria Painer (plaintiff) was a freelance photographer specializing in portrait photos of children. One of the children whom Painer photographed, a 10-year-old girl, was abducted. After authorities launched a search and requested the help of the public, various newspapers in Germany and Austria printed the photos taken by Painer as well as a computer-created image based on one of Painer’s photos. These publications were made without Painer’s consent or attribution. Painer brought suit against Vienna-based newspaper publisher Standard Verlags GmbH as well as various German publishers (the newspapers) (defendants), seeking a court order that the newspapers cease publication and distribution of the photos and the computer-generated image. The court entertained the opinion that the photo used as the basis for the computer image was entitled to a lesser degree of protection than other copyrighted works because it involved relatively little creative effort on Painer’s part. However, rather than ruling on the issue, the court requested a preliminary ruling from the European Union Court of Justice.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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