Case law

It's the money that's missing the least...

Judges award damages to photographers on the basis of the loss suffered. Infringement can result in damages far exceeding the amount of the initial assignment. Here is a convincing example:

Paris Court of Appeal, March 4, 2022

A photographer assigned the right to display his panoramic photo of Marseille's Lacydon on his website to an auditing firm, in exchange for payment.

The price agreed for the transfer of rights is €80 for the first year, and €20 for each additional year.

The customer pays €80 for the first year, but continues to use the image for 4 years.

Called to order, he pays a further 80€ for the 4 years,

The photographer then terminates the transfer of rights contract.

But the firm leaves the photograph on its site.

The photographer takes the case to the Paris court, which concludes that there is infringement and awards the photographer €2,500 in damages. The audit firm appealed.

In the ruling handed down, the Court of Appeal in turn found the audit firm guilty of infringement, and confirmed the sum of €2,500 to be paid to the photographer as compensation for the damage suffered.