The proof is free

Combating the illicit use of photographs – Timely confirmation of the principle that in matters of infringement, proof is free – Proof of infringement by screenshots

In a ruling handed down on April 6, 2023 (20/07988), the Bordeaux Court of Justice reiterated that a bailiff’s report is not required to establish infringement. Screenshots are evidence of unauthorized use of a photograph on an Internet site, and the court is able to assess their probative value. The screenshots clearly show the URL of the site, and the publication context demonstrates that the photo was reproduced with text and other photographs. Similarly, on March 2, 2023 (21/06561), the Rennes District Court ruled that the victim of an infringement can validly produce screen copies in support of his or her claims, copies which by their very nature cannot be considered to be devoid of probative value, which is a matter for the judge to assess. There is nothing intrinsic to these screenshots to call into question their authenticity. As the Court of Nanterre reminded us in a ruling dated November 18, 2021 (21/00926), like any legal fact, infringement can be proven by any means, the burden of proof falling on the plaintiff in accordance with article 9 of the Code of Civil Procedure.