Portrait (right)

rights at Bildnisssen or haven advice concern copyright on haven advice or portraits, as it is regulated in Germany in § 60 UrhG.

In principle also person pictures may be used only if the author of the portrait or its legal successor agrees. A z. B. in the year 1820 created statue is however in common-free, since the sculptor is longer than 70 years dead. (Photos of the statue are however in copyright matters protected.)

for that, which orders a portrait, and which illustrating copyright in § 60 UrhG a special arrangement holds ready, which makes it for it possible under certain circumstances to use the picture also without agreement of the right owner. However the exceptions do not apply to the use in the Internet.

Paragraph 1 determines: The duplication as well as the free and not spreading of a portrait made for commercial purposes are permissible by the orderer of the portrait or its legal successor or with a portrait created on order by the illustrating or after its death by its members or by third acting on behalf one of these persons. If it concerns with the portrait a work of the forming arts, then the utilization is permissible only by photo.

„The regulation serves the interest of the orderer which is due from the personal solidarity and - so far it to this not identically actual also the illustrating, the figurative representation of one or several persons, which developed on its order and/or it shows, also multiply and free of charge to individual third to pass on to be able “, formulated the OLG Cologne in its judgement of 19. December 2003 (AZ: 6 U 91/03).

§ the rights of the author at the portraits third (photo, painting, sculptures etc., thus all representations, on which persons are recognizable), manufactured by it , limit 60, are however an interpretation interpretation of the author treaty right. The author can agree thus contractually with the orderer that § does not apply for 60 UrhG (Abdingbarkeit). Naturally also the orderer can let himself turned around be assured contractually that z. B. the Internet publication is permitted.

Duplication means that the entitled ones (orderers or illustrating) can let copies make as many as desired. It concerns a work of the forming arts (z. B. a painting, a design or a sculpture), then may be made and spread only photo (probably photocopies). One may not after-model thus in the context of § 60 UrhG a sculpture, not after-paint a painting or not reprint a lithography.

With the distribution of the portrait and its copies (spreading) one must make certain that this takes place free of charge and not for own commercial purposes. One may essentially thus only give away the copies. It is not permitted to distribute the own photo on who-bleached handbills.

Since for on-line use in the Internet the right of the public accessible making is necessary as Unterfall of the right of the public rendition, § 60 UrhG however only duplication and spreading granted privilege, may be fed portraits in the framework by § 60 UrhG not into Internet or other data networks.

Entitled the regulation are the orderer, thus that, who give the portrait in order, as well as the illustrating and/or. after his death the members (according to paragraph 2 the spouse or the life partner and the children or, if neither a spouse or a life partner nor children are present, parents).

The OLG Cologne (see above) forbade it to a GmbH to recruit with the portrait of its managing director without agreement of the photographer since this can appoint itself only for own private purposes to § 60 UrhG.

Who refers to § 60 UrhG and its portrait or a portrait ordered by him publishes, must adhere naturally nevertheless to the regulations regulated in the KUG over the right at the own picture. It cannot give thus its wedding picture to the daily paper, it is the likewise illustrated wife agrees. To presuppose that the publication in the daily paper, on orderers or illustrating referred commercial purpose does not have it was made own, thus for instance in the context of the editorial reporting by a golden wedding. In addition the official reason of 2002, which was converted during amending 2003: A justified interest in a permission-free utilization of a portrait is to be recognized only to that extent, be pursued as no economic purposes own thereby voucher.


of three/Schulze, UrhG, 2004, S. 798-802 ISBN 3406512607

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