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Partial victory for the freedom of panorama

Posted on 21 Dec, 2009 by Schreiber in rip-off

No pictures of Sanssouci & Co., it was the foundation "of Prussian Palaces and Gardens" and interspersed either by court decision.
So it was, the photo agency Ostkreuz and the Internet photo-sharing site sued Fotofinder before the District Court of Potsdam. The companies were prohibited from photos, palaces, and her foundation plants belonging to publish. This is no difference between journalistic photos for newspapers and / or images for magazines and calendars, and / or books was made.

Now the Brandenburg Higher Regional Court on 10 December in an appeal on the dispute between the contending parties, a new determination has been made, hope the photographers and photo agencies can.

The Court of Appeal doubted that the Foundation has the complete ownership of the palaces, monuments and parks in Berlin and Brandenburg.
According to their view, the foundation is merely a trustee of property of citizens.
Since there is out of the treaty and the foundation's mandate does not monopolize the picture rights, can also take photos for commercial purposes and to disseminate the images are not prohibited. And the "passing" to intervene at one of the foundation established, park rules sign is still no contract between the photographer and the Foundation and can in no case in the Constitution a fundamental right such as freedom of expression.

The written verdict is expected in mid January.

More info here .

It may also interest you:

• ... Victory for the freedom of panorama!
• Creative Commons License strengthened by courts
• Oh poor Merian

Tags: cash in , Abmahnfalle , taking photographs , panoramic freedom , liberty street scene , copyright