27 December 2017

District Court in Kalisz (Judgment of the District Court in Kalisz I Civil Department of 11 March 2015, File reference No. IC 1813/14) investigating the use of photography as part of an invitation to a cultural event organized by the Public Library of the Town and Commune in P. he drew attention to a very important issue – the authorship of the work.

We have to show the authorship of the work.

The court indicated the presumption resulting from art. 8 sec. 2 of the Act on copyrights and related rights, that facilitates the identification of the creator of the work. According to this provision, it is presumed that the creator is a person whose name in this capacity was shown on the copies of the work or whose authorship was made public in any other way in connection with the dissemination of the work.

The court emphasized that the above presumption applies only to a specific work that has been appropriately labeled or disseminated with the name of the creator. In the case of a work disseminated without the indication of its author, the person relying on the presumption of his authorship must show his authorship. The presumption of authorship may be proved using all admissible means of proof.

Taking into account the findings made in the case, it was found that the plaintiff did not show that the photograph taken on the defendant’s invitation was created by her. The Court further stated that the mere fact of placing photographs on the website does not constitute copyright. Life experience indicates that every owner of a website can place pictures of any content on it, regardless of his or her rights.

It is worth remembering the next thesis made in this matter. The court emphasized that if the plaintiff consciously uses the lack of unambiguous and clear information about his authorship of photographic works posted on the Internet that are not technically sufficiently protected against dissemination without its knowledge and consent, what can be assessed as an abuse of law under art. 5 k.c. Since the plaintiff decided to publicize photographs of her authorship without describing each photo with her name and surname anonymously, she should at least take due care in securing these photographs against uncontrolled copying.

That is why it is so important to determine the author of a given photo, which can be placed in the form of a watermark placed on the pictures or relevant information in the Exif metadata. Securing the photo with this method is on the one hand very elegant, but on the other hand very ineffective. You can change the information. It seems that in the case of product images, the above was mentioned about digital watermark, or watermark.
However, it should be remembered that it does not cover the important elements of the goods being sold.