Infringement by cutting out panoramic photo of part of Amsterdam
IEPT20211102, Rb Amsterdam, ANP against Kop or Munt
On the website of the ANP there is a photo with hidden roofs in the city of Amsterdam. At some point, a circular cutout of this photo appeared on the Kop van Munt website. Infringement and compensation for, among other things, loss of license and costs of investigation.
Copyright
The ANP states that the photo is protected by copyright because it has the original character and the personal stamp of the maker. The photo is the result of the creator’s original and creative choices. The aim of the photographer was to take part of the photo of one of the city of Amsterdam and show this part at its best. Conscious creative choices have been made when making the photo, resulting in, among other things, the composition, the crop, the angle at which the photo was taken and the lighting.
In the Netherlands, no watermark or copyright sign may be used to claim copyright. The ANP maintains that it has the copyright to the photo and that having made that right caused the ANP to suffer damage.
The ANP claims that Kop of Munt will be destroyed if declared provisionally enforceable until payment of €462.16, with statutory interest and legal costs. This amount consists of € 181.50 in loss of licence, € 45.38 in infringement of the right to self-determination, € 175 in costs of investigation and recording of evidence and € 60.28 in extrajudicial costs.
