Painer v Standard Verlags Gmbh (Area of Freedom, Security And Justice): ECJ 12 Apr 2011

ECJ Regulation No 44/2001 – Article 6(1) – Jurisdiction for related actions – Directives 93/98/EEC and 2006/116/EC – Article 6 – Eligibility for protection of photos – Directive 2001/29 – Article 2 – Reproduction -Use of a portrait photo as a template for the production of a photo-fit – Article 5(3)(d) – Exceptions and limitations for quotations – Article 5(3)(e) – Exceptions and limitations for the purposes of public security.
The CJEU said at that an intellectual creation is the author’s own ‘if it reflects the author’s personality’ and: ‘That is the case if the author was able to express his creative abilities in the production of the work by making free and creative choices.’
[2011] EUECJ C-145/10, C-145/10, [2011] EUECJ C-145/10
Bailii, Bailii
Regulation No 44/2001

Updated: 28 July 2021; Ref: scu.432715