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The use by a newspaper of photographs taken from a law firm's website and from an open Facebook profile without consent and without paying a remuneration is to be assessed under the current event rule in Sec. 36 subsection 2 of the Copyright Act and not under the rule on the right of quotation in Sec. 29.
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Here it was found that: The newspaper’s use of the photographs has a legal basis in Sec. 36 subsection 2 of the Copyright Act – Use of works in connection with the media’s reporting of a current event – and, also taking into account freedom of expression, it was entitled to reproduce them without permission but must, however, pay remuneration for the use.
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Advokatfirmaet Rogstad AS v. Verdens Gang AS Copyright Act, Secs. 29 and 36(2); European Convnetion on Human Rights, Art. 10. “Verdens Gang”. IIC 54, 308 (2023). https://doi.org/10.1007/s40319-023-01295-x
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DOI: https://doi.org/10.1007/s40319-023-01295-x