An Evening with Marlene Dietrich

YouTube is not required to delete recordings of Marlene Dietrich at a concert in London from 1972. After a lengthy legal dispute, the Higher Regional Court (OLG) Munich rejected the existence of corresponding rights held by Dietrich's daughter Maria Riva.

Various video clips showing Marlene Dietrich were previously available on YouTube, including excerpts from a recording of a concert performance from 1972 at the New London Theatre in London.

The daughter and sole heir of Dietrich assigned her claims to the plaintiff company. The company took the view that making the video clips with excerpts from the recording available on YouTube violated Marlene Dietrich's related rights (Leistungsschutzrecht) and therefore should be prohibited.

After the court of first instance was only partially successful, the Higher Regional Court (OLG) Munich dismissed the action in its entirety. The Federal Court of Justice (BGH) ultimately Judgment of 21.04.2016 – I ZR 43/14 – partially set aside the appellate judgment and remitted the matter to the Higher Regional Court (OLG) Munich for reconsideration.

Court Decision – Marlene Dietrich Recordings Do Not Have to be Deleted

By judgment of 13.04.2017 (Az.: 6 U 3515/12), the Higher Regional Court (OLG) Munich dismissed the action of the company Marlene Dietrich Collection GmbH.

In the view of the Higher Regional Court (OLG) Munich, the recordings wereFilmwerk. The Urheberrechte therefore did not rest with the daughter and sole heir of the singer who died in 1992, but with the producer of the film. The court spokesperson emphasised that the court had not made a general ruling on whether YouTube was the correct contact in such copyright infringement cases.

Conclusion

YouTube does not, at least for now, have to delete the recordings. Although the Higher Regional Court (OLG) Munich did not permit further revision to the Federal Court of Justice (BGH), Marlene Dietrich's heir or the corresponding company may file a petition for review (Nichtzulassungsbeschwerde).