[Foundation-l] Fair Use (again)

Ray Saintonge saintonge at telus.net
Tue Jan 30 21:26:28 UTC 2007

teun spaans wrote:

>In the Netherlands, a gallery had hired a photographer to make photos of art
>works for their hand out to vistors. The photographer was duely paid for his
>The gallery holder put the images also on their website, upon which the
>photographer sued the gallery holder.
>The judge condemned the gallery holder, she had only permission for hte
>handout, and she had to pay the photographed 1000 euro for every day the
>photos had been on the website - some 40K.
>I am not sure if the gallery holder refused to take them off line or got
>sued for just putting them up. This was a lawsuit by an individual
>photographer, not by Dutch equivalenst of RIAA  or similar copy protection
A key factor in such a case is the contract between the photographer and 
the gallery.  This is very different from a situation where an unrelated 
third party has posted the pictures.


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