Land Nordrhein-Westfalen v Renckhoff

European Union – Copyright. The concept of 'communication to the public', within the meaning of art 3(1) of Directive (EC) 2001/29 had to be interpreted as meaning that it covered the posting on one website of a photograph previously posted, without any restriction preventing it from being downloaded and with the consent of the copyright holder, on another website. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the unauthorised use by a pupil of a school, for which the applicant was responsible, of a photograph taken by the respondent, which had been freely accessible on one website, to illustrate a school presentation posted by that school on another website.

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