Monday, December 29, 2008

One million Euros


According to the TGI (district court) of Paris, the American picture agency Getty Images has been condemned to pay one million Euros damages to an independent photographer for having commercialised a number of his pictures without his authorisation.

A major share holder of AEF, Alain Ernoult, mandated the company to commercialise his photographs through a contract covering the years 1993 to 1999. In January 1995, he sold all of his AEF shares to The Image Bank France, since then taken over by Getty Images.

Dissatisfied with the management of his rights, Ernoult sued AEF in March 2001.

On 4 June 2002, the District Court of Paris found him right, considering that the company "had failed to its obligations" and "was at fault by continuing exploiting the given photographs although the contract had expired". The Court appointed an expert in order to calculate the photographers damages. In a decision on 21st November 2008, the Third Civil Chamber estimated an amount of approximately one million Euros.

In particular, the Court calculated an amount of € 457.000 Euros payable to Ernoult by Getty Images because some of his photographs had been used in advertising against contractual agreement - Toshiba, Peugeot and Air France advertising.

Source : FNAPPI and CEPIC

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