Re: Berlin Wall

From: Tony Fogarassy <Fogarassy[_at_]techbc.ca>
Date: Fri, 12 May 2000 09:12:24 -0700

On Wed, May 10, 2000, James Powers <jpowers[_at_]wbklaw.com> wrote:
>
> Bob Cumbow inquired about the treatment given certain German works.
>
> Our Frankfurt, Germany office assists creators and users of IP and
> accroding to my partner, Holger Enslin, the situation is as follows:
>
> According to sec. 59 of the German Copyright Law, artwork which is
> permanently situated in public streets or places can be copied by
> means of painting, drawing photographing and filming and distributed
> and published without the permission of the artist. Not permitted
> is the editing of the art. It has to be copied in its original
> version. If the artist has put his name on the artwork, the artist
> has to be mentioned, if his work is copied.

The "Wall Pictures" case from the Bundesgerichtshof (Germany's Federal Supreme Court, also known as the "BGH") should also be reviewed (the cite is (1997) 28 IIC 282). The ratio of Wall Pictures was that the authors of artistic works painted on the Berlin Wall were entitled to share in the proceeds from the sale of pieces of the wall by third parties (in this case painted portions of the Berlin Wall were auctioned in Monte Carlo for DM1.8 million).

Tony Fogarassy, Legal Counsel
Technical University of British Columbia Suite 301 - 10334 152A Street
Surrey, BC, Canada V3R 7P8
Tel: 604-586-5294, Fax: 604-586-5237
E-Mail: fogarassy[_at_]techbc.ca

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Received on Fri May 12 2000 - 16:18:05 GMT