“According to Art. 13 of the German Copyright Act (“CA”) the author has the right to be identified as the author of the work. He may determine whether the work shall bear a designation of authorship and which designation is to be used.” The District Court of Cologne (Landgericht Köln) apparently never sleeps. After its…

“A young photographer, Ladislav Bielik, did what came naturally. He raised his camera and shot back.” Last week, people in Slovakia and Czech republic were commemorating the 45th anniversary of the Soviet invasion of  former Czechoslovakia. In August 1968, about 500,000 Soviet troops and most of their Warsaw Pact allies invaded Czechoslovakia, with tanks to halt…

“When it is established or not contradicted that a reasonable remuneration has been offered, additional circumstances will be necessary in order to conclude that publication is indeed illegitimate.” In an interesting case about the portrait rights of the legendary Dutch football (soccer) player Johan Cruijff, the Supreme Court of the Netherlands recently ruled that a…

“He decides to write an alternative super hero tale, and uses his partner Thomas’ identity. So the real Thomas turns into the fictive super hero in the book.” This is a story that started out with two partners doing art related projects together. One day one of them, Claus Beck-Nielsen,  decides to write a book…

The use of a photograph of a politician with a child, in combination with a satirical text, in a self-advertisement of a news magazine, is not covered by the freedom of satire when the satire does not concern daily political events but is merely commercially self-serving. Furthermore, the implication of a political relationship between the…

The variation of the Austrian National Anthem by setting it to a modernised “rock-version” of the classic tune and by changing the line “You are home to great sons” to “You are home to great sons and daughters” for use in an information campaign by the Austrian Federal Ministry for Education, Arts and Culture, does…