A federal court has ruled that Agence France-Press violated photographer Daniel Morel’s copyrights by distributing his images of the 2010 Haiti earthquake without permission.
The copyright infringement claims turned on whether the terms of service for Twitter, the social network that Morel used to distribute his images of the earthquake, gave AFP the legal right to download the images and re-distribute them.
“The Twitter TOS [terms of service] provides that users retain their rights to the content they post–with the exception of the license granted to Twitter and its patterns–rebutting AFP’s claim that Twitter intended to [give AFP license] to sell Morel’s photographs,” the court said. On that basis, it concluded that AFP was liable for copyright infringement.
The court also found The Washington Post, which published the images, liable for infringement.
But the court declined to rule on whether the infringement was willful, or whether Getty Images–which also distributed Morel’s photographs–is liable for infringement. The judge left those questions for a jury to decide. See our story on PDNonline for more details about the ruling.
Morel Wins Pre-Trial Victory Against AFP, Getty
Insult to Injury: AFP Suing Photographer It Stole Images From (for PDN subscribers)
Morel Case Highlights Copyright Risks on Social Networks (for PDN subscribers)