CA Douai 30.11.2023

Originality of advertising photographs – When the advertiser’s precise instructions exclude the photographer’s freedom of choice – CA Douai, ch. 1, Sec. 2, Nov. 30, 2023, n° 22/02443

A supermarket chain entrusted a photographic studio with the production of photographs to promote its products. The judges ruled that the photographs were not original, as the studio obeyed meticulous instructions and was subject to certain constraints relating to the surrounding atmosphere. While the photographer did use his know-how in deciding on certain elements such as shadows, colors and decor to enhance the product, this was not enough to qualify the photographs as original works.

Consequently, photographic works are not eligible for copyright protection.