La numérisation des photographies sur internet n’est pas (toujours) une contrefaçon

Dans un récent arrêt du 30 mai 2012,  la Cour de cassation vient tempérer le formalisme des cessions de droits d’auteur.

 

Alors que la Cour d’appel de Paris avait condamné une agence de presse sur le fondement de la contrefaçon pour avoir numérisé et diffusé sur internet des photographies sans autorisation expresse du photographe, la Cour de cassation adhère au contraire à une interprétation moins stricte du Code de la propriété intellectuelle.

 

En effet, selon la haute Cour, il appartenait aux juges du fond de rechercher si les numérisations et mises en ligne litigieuses n’étaient pas impliquées, en l’absence de clause contraire, par le mandat reçu par l’agence de presse de commercialiser ces images et le besoin d’en permettre la visualisation par des acheteurs potentiels.

 

Il appartient donc aux tribunaux d’interpréter la volonté des parties, et non de s’en tenir strictement à l’expression littérale du contrat.

 

Cour de cassation , chambre civile 1, 30 mai 2012, N° de pourvoi: 10-17780

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