After the announcement of the regional winners on 29 March 2023, we were approached by professionals from the news and documentary photography industry with concerns about the similarity between Simone Tramonte’s story ‘Net-Zero Transition’ awarded in the 2023 World Press Photo Contest - comparing it with Luca Locatelli’s stories ‘The End of Trash - Circular Economy Solutions’ awarded in the 2020 World Press Photo Contest and ‘Hunger Solutions’ awarded in the 2018 World Press Photo Contest.
Therefore we initiated a process to investigate these similarities and whether they constitute a violation of our entry rules and code of ethics in terms of copyright infringement or plagiarism.
World Press Photo takes these concerns seriously. We recognize that the people raising them do so because they believe in the value of high-quality visual storytelling, and the desire to ensure photographers get the credit they deserve. In these situations, we assume nothing until the facts have been gathered and we have discussed them with a post-award review panel. Gathering facts begins with a commitment to treat all parties to the issue fairly and equally, reaching out to them for detailed information and statements. We want to thank everyone who was involved in this process, particularly the two photographers, Simone Tramonte and Luca Locatelli, for responding promptly and thoroughly to our requests for information. We feel they both approached this investigation with openness and professionalism.
In cases like this, World Press Photo has a specific remit, which is to determine whether winners have complied with the applicable 2023 World Press Photo Contest Code of Ethics and the applicable 2023 World Press Photo Entry Rules. We do not govern the industry or police the profession. Our approach might offer lessons for others if they choose to follow them, but we make judgements solely in relation to our own activities, contests and programs. Our judgements are based on Dutch copyright law and the applicable entry rules and code of ethics for the 2023 Photo Contest.
Following our process for situations such as these, we followed our process for issues arising after prizes have been awarded as described on page 36 of our judging procedures. A post-award review panel was created to determine whether or not the winner in question has broken the applicable entry rules and code of ethics for the 2023 Photo Contest. Moïra Truijens, copyright lawyer, has been consulted on the question of copyright infringement. Joumana El Zein Khoury, the executive director of the World Press Photo foundation, Brent Lewis, chair of the global jury, and Kateryna Radchenko, chair of the regional jury for Europe, have been consulted on the question of plagiarism in terms of adherence with the entry rules and code of ethics.
We are now sharing the results of this information gathering and the review panel’s considerations and decision. They address two overlapping areas - copyright and plagiarism concerns.
In terms of the copyright concerns, article 21 and 22 of the World Press Photo entry rules were considered:
21. The copyright holders represent and warrant that submission of the entries does not breach any law, and further that no third party can hold any claims or any objections regarding the rights granted to the World Press Photo Foundation specified in articles 21 and 22. The copyright holders will hold the World Press Photo Foundation harmless of any claims from third parties related hereto.
22. The Entry Rules and any dispute, proceedings or claim of whatever nature arising out of or in any way relating to the Entry Rules (including any non-contractual disputes or claims), shall be governed by Dutch law.
Under Dutch law, neither story ideas nor the style of visual stories can be protected by copyright as the property of one individual. Only the (new and original) exact combination of visual elements in the picture itself and the execution thereof can be protected by copyright. If photographers want to make the case that images on the same topic with a similar style so closely resemble their work that it constitutes copyright infringement, there is no easy or fixed answer for determining acceptable or unacceptable resemblance. Both pictures must be compared with respect to the distinctive copyright protected elements and infringement thereof. In the end, what is acceptable or unacceptable resemblance that constitutes copyright infringement can only be decided by a judge on a case-by-case basis if a photographer undertakes legal proceedings.
To reach a decision in terms of the entry rules of this contest, the World Press Photo foundation asked the advice of copyright lawyer Moïra Truijens if the presented case is likely copyright infringement. The question was if the work Net-Zero transition (“NZT”) of Simone Tramonte (“Tramonte”) infringes on potential copyrights of Luca Locatelli (“Locatelli”) on its individual photos or the selection of photos all together. As a result the lawyer concluded there is likely no copyright infringement. To come to this conclusion, the lawyer looked at the 10 individual pictures as well as the concept of the selection of subjects. The individual photos compared lead to too many differences and therefore a different overall impression, hence the individual pictures of Tramonte in Net-Zero Transition are not likely infringing the copyrights of the individual pictures of Locatelli. The concept of the selection of subjects as such is unlikely to be copyright protected and is therefore not infringed either hence chances of infringement are very limited.
In reaching the advice on the individual photographs, the lawyer took into account the level of originality, among others based on reverse image search. In general, the impression was that subjects are similar, but each time the interpretation of Tramonte is different. Locatelli cannot monopolize the subjects that he portrayed, therefore the lawyer compared the 10 pictures individually to establish the advice.
In reaching the advice on the concept of the selection of subjects, the lawyer stated that as a concept or idea is not protected by copyright, it is necessary that the object of protection is clear. The mere selection of subjects as a ‘series’ of photos by Locatelli may under circumstances be protected by copyrights, or have protection against slavish imitation. However, in this case that does not seem like a possibility. Mainly, because the choice of the collection of subjects is related to a specific news topic of different solutions to the climate challenges Europe is facing. In principle, making photos of such news topics cannot be monopolized, as that would go against (a.o.) the right to freedom of speech.
Regarding the question of Simone Tramonte’s winning story adhering to our code of ethics and specifically paragraph 8, ‘Respect the work of other photographers and do not plagiarize’ the panel has taken into account the provided information and documents by the photographers as well as the foundation’s own research.
Plagiarism is even more difficult to clearly define than copyright. There is no fixed or certain test we can apply. We must instead look at what is considered acceptable by the wider industry. It is recognized that photographers often produce similar work when covering similar topics, and this is often considered normal and acceptable. At the same time, it is seen as important that work be distinct and original, especially when it is given a platform and identified as an example of quality.
A reverse image search and general image search revealed that several other photographers have made similar photos to those of Luca Locatelli and Simone Tramonte. This is likely an indication that these subjects lend themselves naturally to a similar visual treatment. For example, photographing glowing greenhouses in low light conditions from above is simply a good way to convey the scale and impact of them.
Based on the above considerations, the panel has concluded that the winning story of Simone Tramonte has been made in accordance with the World Press Photo code of ethics and does not breach paragraph 8 by respecting the work of other photographers and not plagiarizing.
The panel also thinks it would be productive to use this opportunity to have an open debate about photographers working on the same topic and how similar photographs should be to constitute different work.
As a result, the post award review panel has concluded Tramonte’s entry has not broken either article 8 of the 2023 World Press Photo Contest Code of Ethics or breached the entry rules, specifically article 21 or 22 of the 2023 Photo Contest Entry Rules.
We recognize that a decision in terms of copyright, plagiarism and the contest rules, though consistent with our remit and legally correct, will not satisfy everyone who sees the case as invoking a range of issues, including appropriation and originality. These are complex topics worthy of on-going debate. Part of that debate will have to reflect on the fact that some stories are regularly being photographed, and where the line is for how much photographers can be inspired by other people’s work. World Press Photo would like to be a platform for this debate and will offer the photographers and other professionals from the industry an opportunity to talk about it.
We want to conclude with a request for continuing constructive debate about this case and all the issues it raises. Both photographers are valued members of the visual journalism community and must be treated with respect. While opinions may differ, offline or online offensive behavior is unacceptable.