Mug photos are protected by copyright
Mug Shots and Copyright
The ECJ had to decide on the use of photos by Natascha Kampusch.
Article 6 of Council Directive 93/98 / EEC of 29 October 1993 on the harmonization of the term of protection of copyright and certain related rights is to be interpreted as meaning that a photograph can be protected by copyright under this provision, provided that it is what the national court im Has to be examined on a case-by-case basis, which represents the author's own intellectual creation, in which his personality is expressed and which is expressed in his free creative decisions made during its production. If it has been established that the portrait photograph in question has the quality of a work, its protection is no weaker than that given to other works, including photographic works.
3. Article 5 (3) (e) of Directive 2001/29 / EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society is subject to Article 5 thereof Paragraph 5 should be interpreted as meaning that a medium such as a press publisher may not use a copyrighted work on its own initiative with reference to a public safety goal. However, it cannot be ruled out that it can contribute to achieving such a goal in individual cases by publishing a photograph of a wanted person. However, this initiative must, on the one hand, be related to a decision or an action taken by the competent national authorities to ensure public safety and, on the other hand, it must be taken in agreement and in consultation with these authorities, if it is not to run counter to their measures without this however, a concrete, current and express call by the security authorities to publish a photograph for search purposes would be necessary.
4. Article 5 (3) (d) of Directive 2001/29 is to be interpreted, taking into account Article 5 (5) thereof, in such a way that its application is not precluded by the fact that the press article citing a work or other subject matter is not protected by copyright Sprachwerk is.
5. Article 5 (3) (d) of Directive 2001/29 is to be interpreted, taking into account Article 5 (5) thereof, in such a way that its application presupposes that the source, including the name of the author or the performing artist, of the quoted work or other subject matter is indicated. However, if that name has not been given under Article 5 (3) (e) of Directive 2001/29, that obligation must be regarded as having been fulfilled if only the source is given.
Margin no. 124ff. state that EU law only allows citations from published works. (So - unfortunately - also § 51 UrhG.)
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