Recommended Resource

Since Unit 4 mentions some CC license infringement cases as examples, I recommend adding a court case from the Netherlands of a photographer suing a website for using their photo without permission or compensation. The name of the court case is below.

ECLI:NL:RBMNE:2021:5887

The court case ended with the judge awarding the photographer (plaintiff) the following damages (excerpt is from the court case records).

"5.4. orders [defendant] to pay to [plaintiff] against proof of discharge:

€ 450.00 in damages, increased by the statutory interest as referred to in Article 6:119 of the Dutch Civil Code, with effect from 11 June 2021 until the day of full payment,

€ 67.50 in extrajudicial collection costs,

5.5. orders [defendant] to pay the costs of the proceedings on the part of [plaintiff], estimated at € 2,036.30 until the judgment of this judgment, of which € 1,702.00 in salary for the authorized representative."

This case demonstrates the enforceability of the CC license in other countries, such as the Netherlands.

Tampa Bay Times. ‘Judge Denies Publix’s Request to Dismiss COVID-19 Wrongful Death Case’. Accessed 8 February 2021. https://www.tampabay.com/news/health/2021/02/05/judge-denies-publixs-request-to-dismiss-covid-19-wrongful-death-case/.

Here is one court document in the case of McMahon v. AUC.