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Ashby Donald and others v France, application 36769/08, EctHr, 5th section, judgment of 10 January 2013

Paul LC Torremans

Keywords: copyright; freedom of expression; ECHR; Article 10; fashion

Paris fashion houses retain control over pictures taken at their fashion shows by press photographers, whilst the latter want to make the pictures (commercially) available via a website. To justify the latter act and the copyright infringement apparently involved they invoke the right to freedom of expression. The European Court of Human Rights dealt in this case for the first time with the interaction between copyright, as a property right, and the right to freedom of expression.

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