Judgment TJ Paris 27.03.2024

Unlawful use – The importance of documentary evidence of damage – TJ Paris, March 27, 2024, n° 22/12809

A professional photographer sold a photograph to an F. company. A service company published this photograph on the cover of a magazine and on a website, without having obtained authorization from either the photographer or the company owning the economic rights.

The court therefore considered that an act of infringement had been committed. It also recalled that in assessing remedies, the court takes into account the negative economic consequences of the infringement, the moral prejudice and the profits made by the infringer. Furthermore, if it is difficult to assess the prejudice, it is possible to take into account the royalties or fees that would have been due if the infringer had requested authorization to use the intellectual property right in question. However, as Article 9 of the French Civil Code requires each party to prove the facts necessary for the success of its claim, and as company F. was unable to produce supporting documents for its compensation claims, only its moral prejudice can be compensated.