State liable for cartoon on school homepage

The Higher Regional Court (OLG) Frankfurt has prohibited the state of Hesse from publishing a cartoon with school-related content on a school homepage.

A Hessian teacher had published a drawing by a cartoon artist known nationwide on the homepage of his primary school. However, no licence for such publication existed. Therefore, the state of Hesse was sued by the collective management organisation that administers the cartoon artist's rights, seeking damages and an injunction.

The state assigned responsibility solely to the municipal school authority, arguing that it was not liable for the latter. Without success.

Court decision – State liable for copyright infringement

Already at first instance, the Regional Court (LG) Frankfurt am Main (judgment of 25.10.2016 – 2-6 O 175/16) ordered the state to pay damages and to cease the infringement. The defendant state was liable for comparablecopyright infringementscommitted by its teachers and all its employees in the state authorities.

On the state's appeal, the Higher Regional Court (OLG) Frankfurt, byjudgment of 09.05.2017 – 11 U 153/16confirmed the liability in principle (press release of 09.05.2017).

The state must in principle be responsible for the content of the school homepage, which is maintained by a teacher subject to its supervisory authority. The design of a school-related internet presence falls within the sphere of the state's public education mandate to be fulfilled.

The Higher Regional Court restricted the scope of the injunction to content from the school environment for which there would be a future risk of repetition. The obligation did not extend to all authorities under the state's control and their employees.

Conclusion

For the first time, a Higher Regional Court confirmed that the state, as a result of its public education mandate, is liable forcontent on school websitesThe Higher Regional Court (OLG) Frankfurt limited the injunction to the school environment.