Eva-Maria Painer had created portraits of Natascha Kampusch before she was abducted. When the case exploded in the media, several Austrian and German publications reproduced the photographs without authorisation and without identifying the author.
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The CJEU confirmed that photographs are protected works if they reflect the photographer’s creative choices, angle, lighting, pose and timing. Even an apparently simple portrait may be an original intellectual creation.
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As regards press use, reporting exceptions must be interpreted narrowly. Publications cannot freely use photographs on the ground of public interest if an authorised source is available or if the author is not credited.
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The lesson for any business or publication using images is straightforward: acquiring a licence from the photographer is not optional. Use without a licence can give rise to damages, and 'I found it on the internet' is not a valid legal defence.