Re: Berlin Wall

On Tue, May 16, 2000, Sylvie Fodor <s.fodor[_at_]akg.de> wrote:
>
> On Mon, 8 May 2000, Robert Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
> >
> > I recently spoke with someone who told me that the German Government
> > has enacted a law placing into the public domain the many original
> > images and painted murals that now adorn the Berlin Wall. Does
> > anyone know if this is true? Also, is anyone sufficiently conversant
> > with German copyright law to know what the implications of this are?
> > For example, if someone wanted to take photos of the artworks on the
> > Wall and then publish them in a book, could one do so without the
> > permission of the original artists? I would like to hear from anyone
> > who knows the answer for sure, or who can refer me to someone who
> > might. Many thanks.
>
> There is not a great deal left of the Berliner Wall which was
> almost totally dismantled and its pieces sold on the Berliner
> markets. However, there is a piece left in the foremost eastern
> part of the city. At the begginning of the nineties, artists from
> all over the world painted their own personal interpretation of the
> opening of the wall. This part of the wall is known as "East Side
> Gallery" in Berlin. Some of the paintings have become very famous,
> like the one of the Trabi driving through the wall or the
> Brejnev-Honnecker kiss, and some of the painters are already
> reknown artists, such as Thierry Lenoir.
>
> I suppose these are the mural paintings you are referring to.
>
> Therefore a distinction should be made between :
> 1) graffitis
> 2) these mural paintings
>
> As far as graffitis are concerned, they can be photographed and
> the photographs published without paying any fee but to the
> photographer. As mentioned by some participants in this forum,
> the German Copyright Law provides that pictures of buildings or
> "constant/ unchangeable" (in German "unveranderlich") pieces of
> art taken from a public place are free.
>
> In principle, this applies to these mural paintings as well.
> However, because this "open" gallery is very difficult to preserve
> -- against time, vandalism and bad German weather -- the concerned
> artists have established an association for the preservation of
> the East Side Gallery (Kuenstler Initiative East Side e.V.). This
> associations makes agreements with the companies requesting for the
> payment of a fee for the rights to the mural paintings. Although
> they are by law not obliged to do so, the publishing companies
> that have published the post cards representing these paintings
> have accepted these agreements. It looks like, thanks to the
> publicity done by this association, some kind of "moral codex" is
> being applied -- in recognition of the work achieved by these
> artists. Also, in order to get stronger legal protection, the
> association has applied for trademark protection for ten of the
> named paintings.
>
> I hope this additional information does not make things confusing.

Thanks to Ms Fodor and to all of those who kindly responded to my question regarding republication of artworks appearing on the Berlin Wall.

> Robert C. Cumbow
> Graham & Dunn, P.C.
> 1420 Fifth Avenue, 33rd Floor
> Seattle, Washington 98101-2390
> Phone: 206-340-9619
> Fax: 206-340-9599
> E-mail: rcumbow[_at_]grahamdunn.com
> Website: http://www.grahamdunn.com/
>

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