The case relates to internet fashion site Firstview.com, and its
operator, US firm ViewFinder, which was sued in the French courts
by some of the world’s leading fashion designers.
The designers claimed that by publishing images of their
products over the internet without permission, the website was in
breach of their copyright in their designs and brand names. In 2001
the High Court in Paris agreed, finding that by offering to sell
access to these images, ViewFinder was indeed in breach of
copyright.
The High Court awarded damages of around £46,000 plus interest
to the designers, who then turned to the US courts to enforce the
award.
However, according to Law.com, their action in the US District
Court for the Southern District of New York has proved to be
unsuccessful.
Judge Gerard Lynch, says the Law.com report, found that the
enforcement action would be contrary to the First Amendment right
of free speech.
"Fashion shows are a matter of great public interest, for
artistic as well as commercial purposes," he said. "These shows are
open to the public, including the press - indeed, defendant's
employees and agents were able to take the photographs at issue
because they were given access by invitation.”
He found that photos were covered by the First Amendment,
because “A picture, as the cliché would have it, is worth a
thousand words, and the defendant's decision to forgo an effort to
describe the designers' creations verbally in favour of a more
efficient visual presentation does not defeat protection".
