Germany: Prussian foundation entitled to interdict commercial photos and film-shots of its castles and gardens

Michael Wukoschitz's picture

The Prussian Castles and Gardens Foundation is managing more than 150 historcial buildings and more than 800 gardens (as for instance Sanssouci), most of them acknowledged as world heritage by UNESCO. The Foundation refuses to accept that these cultural possesions are photographed or filmed for commercial purposes without permission. The Foundation therefore sued two picture agencies and a commercial filmmaker.

German Supreme Court (BGH) held that the Foundation as real estate property owner is entitled to interdict commercial photos and film-shots of its castles and gardens if same are taken from its (publicly accessible) property. However there is no right to interdict such photos and films if taken from public ground outside.

Source: BGH press release 241/2010 of Dec. 17, 2010, available in German here>>.

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