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Germany · Photographs of artworks

Museumsfotos: photographs of public-domain paintings

Decision date · 20 December 2018

Reiss-Engelhorn-Museen in Mannheim, the museum involved in the case.
Reiss-Engelhorn-Museen in Mannheim, the museum involved in the case. MSeses · CC BY-SA 3.0 · Resized

The dispute

A Wikimedia contributor uploaded scans of museum photographs and photographs he took at the museum. The paintings themselves were in the public domain.

The decision

The Federal Court of Justice upheld the museum’s claims. It distinguished protection for the museum’s photographs from the contractual photography restriction that applied to photographs taken by the visitor.

Source

Bundesgerichtshof · I ZR 104/17

Museumsfotos: photographs of public-domain paintings | ArtTraceX