Copyright Question

helios

Really interested on some perspectives on this one.

If a photographer takes a photo, and assuming only normal copyright applies (i.e. no transfer of copyright was agreed) and the photographer lives in a different country than where the photo was taken, which county's copyright law will apply to the photo? The country where it was taken, or the country where the photographer is a permanent resident?

rahtkennades

Well I'm no big city lawyer, but......

AFAIK both. As in, the photographer is protected by his or her own country's copyright law, but if they want to pursue a claim against somebody in another country, they'd have to do so in that jurisdiction.

Could be completely wrong though.

Borderfox

an example is if you take a picture of a building from public property over here you can sell it whereas in france you cant

rymus

rahtkennades wrote: »

Well I'm no big city lawyer, but......

AFAIK both. As in, the photographer is protected by his or her own country's copyright law, but if they want to pursue a claim against somebody in another country, they'd have to do so in that jurisdiction.

Could be completely wrong though.

That sounds about right to me...

Thirdfox

Just noticed the sig Rymus - what's up with Oriel?

I'm no big city lawyer either but in actual fact I believe that the law that applies is where-ever you take your case i.e. where the person infringes your copyright.

So it doesn't matter what country you're from, or what country you're in but what country is the person breaking the law in. If an American company steals your image you go sue in America and American laws apply, same for an English company - go sue in England etc. etc.

^Not legal advice, just my opinion.

TJM

First - is there a particular reason why you ask?

The question as its posed is liable to mislead. Photos or other works protected by copyright don't generally come with the law of any particular jurisdiction attached to them. (Which is just as well - if a book were written over five years in ten different jurisdictions then which law would apply?)

Instead in deciding whether a particular use is restricted by copyright we look to the jurisdiction where the use is being made and ask whether that use is prohibited in that jurisdiction.

For example, suppose that a novel is written and published in Ireland. A parody of that novel is then written. If published and sold in Ireland it would (we'll assume) be infringing under Irish law. If, however, it were published and sold in the US then the much more flexible US doctrine of fair use would apply and it would most likely not infringe.

Thirdfox is therefore essentially right, though there will be situations where the law of the country of origin will also be relevant.

sheesh

I neither am a legal type person or live in a big city but I do know that there is a europe wide copyright agreement.

However if it is a case of suing someone I think that you would have to take a case in the country of the company you have the issue with as the jurisdiction to act lies there.
If they had an office in Ireland you might be able to take that to court here.