AFP, Washington Post Violated Daniel Morel’s Copyrights, Judge Rules

Posted by on Tuesday January 15, 2013 | Copyright/Legal

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.

-David Walker

Related Articles
Morel Wins Pre-Trial Victory Against AFP, Getty

Morel Releases More Evidence Against AFP, Getty in Copyright Case

Insult to Injury: AFP Suing Photographer It Stole Images From  (for PDN subscribers)

Morel Case Highlights Copyright Risks on Social Networks (for PDN subscribers)


COMMENTS

MORE POSTS

“Deliberate Attack” Killed Marie Colvin and Remi Ochlik in Syria, Says Photographer Paul Conroy

Posted by on Tuesday July 12, 2016 | Copyright/Legal, Photojournalism

The sister of deceased American journalist Marie Colvin has filed a civil lawsuit in U.S. district court in Washington D.C. against the state of Syria, alleging that Colvin was deliberately targeted for extrajudicial killing by the regime of Syrian President Bashar al-Assad. The 2012 artillery attack on a media center in Homs killed Colvin, 56,... More

Unfair Editorial Photo Contracts: VICE Wants “All of Photographer’s Rights”

Posted by on Tuesday June 28, 2016 | Business, Copyright/Legal

When we published our story “What Lawyers See When They Look at Editorial Photography Contracts” in the June issue of PDN, we asked readers to tell us about editorial contracts they feel are unfair to photographers. We received a copy of a “Vice Media Photographer Agreement” that a Vice website sent to a photographer earlier... More

FAA Releases Rules for Commercial and Media Drone Operation

Posted by on Thursday June 23, 2016 | Business, Copyright/Legal, Photo Gear

Yesterday the Federal Aviation Administration (FAA) issued a new set of rules for the use of drones in the United States for “non-hobby and non-recreational purposes,” i.e. commercial production and journalism. The rules introduce a certification process for drone pilots, address drone operation when people are present, and spell out when drone operators must clear... More