Photo Book Publisher Sued for Using Drone Images That Included Art Installations

A publishing house has been sued over its use of aerial images in its books that featured copyrighted art installations, a case that could significantly impact drone photography in Europe.

In Germany, a copyright law known as the “Panorama Freedom” allows the license-free use of images and videos of copyrighted works that are permanently located in public places such as art installations.

The German law is based on the fundamental idea that copyrighted works in public places are effectively made for and dedicated to the general public. Therefore, copyrighted works, like public art installations, can be used without a license and reproduced (even for commercial use) in photos and videos.

However, a current legal dispute between a publishing house and an artists’ agency in Germany has the potential to challenge this.

Does Drone Photography Fall Under ‘Panorama Freedom’?

According to a report by German news outlet Aussiedlerbote, a publishing house (which is left unnamed) published two photography books which featured drone images of various art installations.

However, VG Bild-Kunst, an agency that represents the rights and claims of artists and authors and manages the rights of the artists behind the art installations featured in the aerial images in these photo books, has sued the publishing house.

VG Bild-Kunst argues that photos taken by drones do not fall under the Panorama Freedom as only images from ground-level angles accessible by humans are permissible under the law. As Panorama Freedom does not apply to images with a drone, per its argument, VG Bild-Kunst says that the publishing house’s publication of these aerial images violates its clients copyrights.

Aussiedlerbote reports that VG Bild-Kunst is demanding $2,920.68 (€2,676) in license fees- — including a 100% surcharge for unlicensed use — and damages in the amount of around $2,182 (€2,000) for the engagement of a lawyer for the case.

Could This Lawsuit Change Drone Photography in Europe?

According to Aussiedlerbote, in preliminary proceedings for the case in Germany, The Higher Regional Court Hamm sided with VG Bild-Kunst.

The Higher Regional Court Hamm ruled that only images from angles that can be seen by the human eye from publicly accessible roads, streets, or squares are permissible under the Panorama Freedom.

The perspective of drone photography is not covered by this, as a human cannot reach the airspace using only their natural means of movement without technical assistance.

On Julu 11, VG Bild-Kunst’s case against the publishing house came before the Federal Court of Justice which is the highest court of civil and criminal jurisdiction in Germany.

The Federal Court of Justice must now decide whether drone photographers are covered by Panorama Freedom and whether they are legally allowed to shoot and distribute images that feature copyright-protected works with an aerial device. The court is expected to announce its ruling by October 23.

The Federal Court of Justice’s decision on the case could have significant implications for the future of drone photography in Germany and potentially even Europe too.

 
Image credits: Header photo licensed via Depositphotos.