Publication of photograph without credit to the photographer is infringement of the moral right of its creator

Media organizations published two photographs‎ without giving credit to the photographer. The photographer sued arguing copyright infringement.

The Court held that it is the moral rights of the photographer to have his name related to the work. One must not recognize the use of a work without giving credit as a fair use.  In the present case the media organizations violated this right of the photographer by publishing the photos without mentioning his name and there is no defense in such matter. A major media entity has an increased obligation to maintain copyrights and moral rights of creators and anyhow they could have relatively easily trace the identity of the photographer.