The Court of Justice of the European Union decided on 1 December 2011 that a portrait photograph enjoys the same protection as that conferred by copyright on any other work, as long as it expresses the author’s creative abilities. However, the media may publish such a photograph, without the consent of its author, if the object of its publication is to assist the police, in a criminal investigation, or to find a missing person. Finally, as regards the quotation of protected works, the Court noted that works which have already been lawfully made available to the public may be quoted, provided that the source (including the author’s name) is indicated – unless that turns out to be impossible.
The Court’s press release is available here.
Click here for the complete Judgment in Case C-145/10.