Court upholds photographers' breach of copyright claim
Three photographers had a breach of copyright claim upheld by the court, which found in their favour and ordered a newspaper to pay them a total of €1,200.
Applicants Roland Camilleri, Malcolm Bezzina and Peter Tonna told the court that they were photographers with a special interest in aviation and that their works were protected by copyright. A number of their photos were to be found on a number of internet sites including www.airliners.net and www.jetphotos.net
But the Malta Independent on Sunday had, on two occasions in 2005 published photos taken by them in connection with articles entitled "More evidence of CIA landings in Malta surfaces" and "More CIA stopovers uncovered, government still silent".
During this period another photograph was also published in The Malta Independent on Sunday's internet site.
Mr Camilleri, Mr Bezzina and Mr Tonna said that the publication of their works had been carried out without their consent and without any compensation. They asked the court to find that their copyright had been violated and to award them compensation.
On his part editor Noel Grima pleaded that the photos had been downloaded from websites and that they were, therefore, in the public domain. According to Mr Grima there was no violation of copyright.
Madam Justice Anna Felice found in favour of the applicants and ruled that the fact that their photos could be accessed on a public website did not lessen their copyright in their works.
Were Mr Grima's argument to be accepted this would mean that works of art such as paintings or sculptures exhibited in public places were not covered by copyright.
The court therefore dismissed Mr Grima's pleas and ordered him to pay €400 each to Mr Camilleri, Mr Bezzina and Mr Tonna.
12 Comments
Post comment
Please sign in or create your Account to post comments.
Roland Camilleri
Oct 22nd 2011, 00:53
Totally agree with Matthew. This was one of the main reasons why we decided to start legal proceedings against the newspaper. Having your picture abused in such a way and accompanying such articles is very sad indeed. The photos we take and upload on specifically dedicated websites are there for the enjoyment of all aviation enthusiasts and photographers alike and not for thirsty journalists who want to make up a story to satisfy their agenda. What is not mentioned in the report is that one of the photographers was contacted on two occasions by the journalist and was told twice that his request to use any of his photos cannot be entertained. Notwithstanding, the journalist deliberately and consciously published the photos illegally. For us this has been more of a battle against arrogance than anything else and after 6 years we can say that justice has been made. Our hobby should be protected against abuse of this type and hope that this sentence will deter future attempts by certain media in this country to hijack our hobby.
M. Bezzina
Oct 21st 2011, 20:32
Thks alot for the positive comments guys I am sorry we cant let everything let go with the wind on this rock!!!
Matthew Scerri
Oct 21st 2011, 19:45
Prosit to all 3 of them for actually going through with it. As a fellow spotter and photographer reading this gives me great pleasure.
These websites are specifically made for photographers and their T&C clearly state that you are the sole owner of your work.
What's even saddening is that more often than not, the stories that accompany these stolen photos are based on fantasies and imagination...
Malcolm Debono
Oct 21st 2011, 19:23
A comment like that from an editor of a newspaper is really disturbing.
Have you even read the usage policy on JetPhotos?
http://jetphotos.net/photousage/
"All photographs displayed on this website (www.jetphotos.net) are the property of the owners noted in the copyright banner under each image and may not be used in any way without the owner’s permission."
Is this paragraph really that hard to understand? I think not.
Mr Peter Korsten
Oct 21st 2011, 17:30
"On his part editor Noel Grima pleaded that the photos had been downloaded from websites and that they were, therefore, in the public domain. According to Mr Grima there was no violation of copyright."
Mr Grima clearly needs a lesson about copyright and intellectual property. Although that hasn't stopped either him or his newspaper to put a copyright notice on their website.
William Attard McCarthy
Oct 21st 2011, 16:39
I find the editor's comments so disturbing, more and more so when they are coming out of the mouth of somebody who, as editor, should definitely know better.
Myself, as a photographer, upload my works to various online sites and agencies on a continuous basis... this does not give anyone the right to make use of them in any form or way whatsoever.
This goes for images posted anywhere.... be it Facebook, Flickr, etc.
A lot of Maltese people are ignorant to this fact and think that just because an image is there you can just right click and save and make personal use of it. Well, you can't...
Now... have to go and see about a photo of mine which was published in a local magazine and of which I know nothing about....
JC Sullivan
Oct 21st 2011, 14:33
Nice try Mr. Grima.
Richard Caruana
Oct 21st 2011, 14:08
At last, these guys had the courage to do something about their work being stolen. Good for you.
Just a small addition to the above, photographs posted on such websites, such as airliners.net, etc, all carry a copyright notice including contact details with the photographer, and it's obvious that it was completely ignored.
R. Gauci
Oct 21st 2011, 13:38
Mbaghad jaqbduk tikkoppja DVD mahdum l-Amerika u tirriskja xi sentejn habs..u xoghol il-Maltin tista tikkuppjah ghax tehel cucata.
Ian Vella
Oct 21st 2011, 12:39
Just 400 euro?!!! ...and what about the court and lawyer costs? I think this sentence is sending the wrong message.... "Don't bother taking anyone to court over copyright breach claims, they will only pay you what was owned to you in the first place... and you'll have to fork out the expenses!!, which related to the maltese courts are not peanuts!
Stuart McNeil
Oct 21st 2011, 14:21
Well said--the sentence MAY have been correct,but what a travesty of justice.When will these people ever get it right.Just a joke!!
John Zammit
Oct 21st 2011, 16:10
normally the loser forks the expenses...