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Picture agency sued over the publication of Christo images
© akg-images / Alexander Schippe
The artist Christo has once again taken legal action against a picture library and won. The Berlin District Court decided on 27 September 2011 to stop a picture agency from distributing photographs of the works created by Christo and his late wife Jeanne-Claude.
The German Association of picture agencies, BVPA, asked copyright attorney Professor Dr Christian Donle for a statement on this judgement:
The wrapped Reichstag and the freedom of panoramic views
According to press releases, the Berlin District Court has pronounced an injunction against a picture agency. They have also been asked to provide information and have been condemned to pay damages because the agency distributed photographs of the wrapped Reichstag. The images had been taken by a photographer – not Christo himself.
The Berlin District Court made the judgement according to case law and rejected the so-called "freedom of panoramic views" (§59 UrhG – copyright law). §59 stipulates that images showing works of art permanently installed in the public sphere, i.e. in the street, public paths or squares, are permitted.
The Superior Court of Justice as well as the Federal Court of Justice had found on prior occasions that the works of Christo are exempt from this permission as they are temporary installations. §59 can thus not be applied here.
In conclusion, these works have to be treated in the same way as any other copyrighted works and any reproduction needs the permission of the artist.
The BVPA has always maintained this position in any of its legal seminars.
File Attachment
| Attachment | Size |
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| Deutsche_Meldung_des_BVPA_Christo.pdf | 235.41 KB |
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