Boxer Halmich wins battle over right to own image

The Higher Regional Court (OLG) Karlsruhe had to decide whether the former professional boxer Regina Halmich was entitled to claims for damages due to fraudulent misrepresentation and violation of her right of personality for the commercial exploitation of the cinema film "Königin im Ring", or whether the boxer had consented to the cinema release of the film.

The former professional boxer Regina Halmich concluded a contract with an author and director of documentary films as well as a cameraman concerning the filming of her career. In return for her participation in this documentary film, the boxer was to receive a remuneration of 3,500 euros, and in exchange, the cameraman and the author received the right to show and screen the film "Königin im Ring" on television and at film festivals.

The boxer's consent to transfer her right of personality regarding her own images to the filmmakers was stated in the contract under a suspensive condition for the conclusion of a standard exploitation agreement with a film distributor and the payment of a further appropriate remuneration for the granting of the screening right. This condition was removed by a contract concluded later between the parties.

Subsequently, Regina Halmich declared the avoidance of this contract amendment due to fraudulent misrepresentation and brought an action before the Regional Court (LG) Karlsruhe for violation of her right of personality, because the documentary film had been released to cinemas without her consent. In the first instance, Ms Halmich won the dispute, so that the filmmakers appealed to the Higher Regional Court.

Court decision
The Higher Regional Court (OLG) Karlsruhe confirmed the damages claim of Regina Halmich determined by the Regional Court (LG) Karlsruhe in the amount ofJudgment of 10.09.2010 – 6 U 35/10 (Press release).

The court stated that images may only be disseminated or publicly displayed with the consent of those depicted therein. The right to one's own image protected in this way is a particular manifestation of the general right of personality. In the documentary film "Königin im Ring", also very private images outside of her boxing activities would be shown, so that in any case the boxer's personality rights were affected.

The commercial exploitation of the film at the cinema was not granted in the main contract, but was made conditional on the reservation formulated above. The Higher Regional Court (OLG) Karlsruhe found the subsequent additional agreement to be void, as the boxer was able to credibly demonstrate that she had been fraudulently misled regarding its content. The filmmakers had namely promised that the additional agreement would not result in any disadvantages for the boxer.

Conclusion

Images may in principle only be disseminated or publicly displayed with the consent of those depicted therein. The consent is presumed to have been given in case of doubt if the person depicted received remuneration for allowing himself to be depicted. However, the rule of presumption did not apply here, as there was a different contractual agreement.