Imagery: Do not wait too long for appeal

Blendle is a type of online shop where one can buy individual articles from newspapers and magazines. From the outset of the business in 2014, Pictoright made waves with respect to their rights over the images used by Blendle in their articles. At the end of last year, 16 months later, Pictoright finally followed through and commenced interlocutory proceedings.

The great advantage of Blendle: you can select just the articles that have your interest from a variety of sources, without having to buy all the newspaper or magazines. The articles are shown in an integrated manner, exactly as printed, including layout and images. Yet, if it were up to Pictoright, this latter practice would cease. Blendle was accused of not having properly arranged for the images in the articles, thus committing large-scale copyright infringement. The publishing houses De Persgroep and de Telegraaf Media Groep, who had made the content available, supported Blendle in these interlocutory proceedings. In the case of an injunction, Blendle would accordingly have to cease publication of the images. It is impossible for Blendle to check every image prior to publication, in order to determine who the rightful is owner is. Obviously, without images the articles are less interesting.

However, an injunction has not been awarded yet. According to the summary judge of the district court, Pictoright has waited too long. As a result the necessary urgent interest is lacking. It is not clear why Pictoright has waited for 16 months, but now required the court to reach a decision as quickly as possible. If Pictoright wishes to proceed against Blendle, that needs to achieved through proceedings to the merits. In the meantime, no decision on the principle is taken, and Blendle can continue with the publication of images alongside the articles.

Marissa Brinks