The Haderslev court in Denmark has forbidden the photo bureau Colourpress to use the photographs of two press photographers and has ordered the bureau to call back the photos taken by the two photographers from other bureaus.
On behalf of the two press photographers the Danish Union of Journalists had filed for an injunction against the photo bureau Colourpress forbidding the bureau to use or to sell licenses for the use of the photographs taken by the two photographers. The court complied with demands of the Danish union.
The underlying reason for the court case was that the photo bureau continued issuing licenses for the use of the photographs taken by the two press photographers after they had discontinued their contractual co-operation with Colourpress, mainly because of discontent with the specifications they received from Colourpress regarding payment for the use of their photographs.
The court decision says that it is undisputed that the photographers are the copyright owners of the photographs and that Colourpress did not have the right to license rights of use of the photographs after the contractual agreement was discontinued. For that same reason Colourpress was ordered to call back the photographs from third parties to whom Colourpress had made the photographs available.
According to danish Law, the Danish Union of Journalists is now obliged to seek justification for the court injunction following which it will also be possible to seek compensation for damages on behalf of the photographers.