Catalog image freedom

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The freedom of the catalog images represents a restriction of the copyright through the legally permitted use for certain works.

Legal situation in Germany

In September 2003, when German copyright law was amended , the provision in Section 58 of the Copyright Act on works that were publicly exhibited or intended for public exhibition or sale had to be adapted to the requirements of European law. It is particularly important for auction houses and museums , as they usually do not have copyright rights of use to the works offered or exhibited by modern artists who are not yet 70 years dead.

§ 58 UrhG new version allows "the reproduction, distribution and making available to the public of works that are publicly exhibited or intended for public exhibition or sale in accordance with § 2 Paragraph 1 No. 4 to 6 UrhG by the organizer for advertising, insofar as this is to promote the event is required". This opens z. For example, museums have the option of displaying the exhibits free of charge in an exhibition catalog during an exhibition .

With regard to the affected works, the legislator made it clear by referring to Section 2 Paragraph 1 No. 5 UrhG that the photographic works not mentioned in the old version are also subject to catalog freedom. You will not only have to think of artistic photographs. In view of the drastic reduction in the requirements for photographic works in the course of the copyright change in 1995, most historical photos must also be regarded as photographic works; an artistic character is no longer required. The regulation also applies to photo exhibitions by archives , libraries , museums and other organizations.

Legal situation in Austria

According to Section 54 of the Copyright Act, works of the visual arts that are permanently in a public collection may be reproduced in directories published for visitors, distributed and made available to the public, insofar as this is necessary to encourage visits to the collection is (§ 54 Paragraph 1 No. 1 Copyright Act). Workpieces that are to be auctioned may also be copied, distributed and made available to the public in lists of the workpieces offered for sale or in similar advertising material, insofar as this is necessary to promote the event. The latter lists may only be submitted free of charge or at cost price (Section 54 (1) No. 2 of the Copyright Act).

Legal situation in Switzerland

Article 26 of theFederal Act on Copyright and Related Rightsprovides for museum, trade fair and auction catalogs: “A work that is in a publicly accessible collection may be shown in a catalog published by the administration of the collection; the same regulation applies to the publication of trade fair and auction catalogs. ”The regulation in Article 28 of the Copyright Act inLiechtenstein isidentical.

European Union

With Art. 5 Para. 3 lit. j) of the Information Directive, the possibility of catalog images freedom was introduced across Europe in 2001. The member states may permit the use of works and services for the purpose of advertising for the public exhibition or the public sale of artistic works to the extent necessary to promote the event in question, excluding any other commercial use.

literature

  • Christian Berger: On the future regulation of the freedom of catalog images in § 58 UrhG . In: Journal for Copyright and Media Law . 2002, p. 21-27 .
  • Klaus Graf : Copyright: freedom of catalog images . In: Art Chronicle . tape 58 , no. 9/10 , 2005, pp. 457–459 , doi : 10.11588 / artdok.00000371 .
  • Rainer Jacobs: The freedom of catalog images . In: Festschrift for Ralf Vieregge . Berlin / New York 1995, p. 381-399 .
  • Rainer Jacobs: The new freedom of catalog images . In: Festschrift for Winfried Tilmann . Cologne u. a. 2003, p. 49-62 .
  • Florian Mercker: The freedom of catalog images. The regulations in the copyright laws of the German-speaking area (=  writings on intellectual property and competition law . Volume 3 ). Nomos, 2006.
  • Marcel Schulze: The freedom of catalog images . In: A life for legal culture. Festschrift Robert Dittrich . Vienna 2000, p. 311-330 .

Individual evidence

  1. ↑ Law of May 19, 1999 on Copyright and Related Rights (Copyright Act, URG) Liechtensteinisches Landesgesetzblatt No. 160 of July 23, 1999
  2. ↑ Directive 2001/29 / EC of the European Parliament and of the Council of May 22, 2001 on the harmonization of certain aspects of copyright and related rights in the information society . OJ No. L 167 of June 22, 2001.