Claim for injunctive relief by Christo against photo agency?

The Regional Court (LG) Berlin had to deal with the legal issue of whether the artist couple Christo & Jeanne-Claude could demand from an image agency the cessation of use of photographs which, while depicting their works, were taken by third parties.

A large photo agency licensed numerous images taken by its own photographers, which featured motifs of the wrapping artist Christo and his deceased wife Jeanne-Claude.

The artists were of the opinion that commercial exploitation of their works through corresponding reproduction in images should be the exclusive right of themselves alone. The photo agency, on the other hand, argued that the images used came from other authors who had transferred the corresponding rights of use to the agency. The image agency refused to submit a binding declaration of cessation.

Decision of the Court

The Regional Court (LG) Berlin ruled in favour of the artist couple with a Partial Judgment of 27.09.2011 – Az. 16 O 484/10. The Regional Court justified its decision on the grounds that the artists had a corresponding claim for injunctive relief under copyright law. No right of the photo agency to report on the art actions arose either from the copyright of the photographers or from the fundamental rights aspects of freedom of the press. The publication on the Internet by the image agency thus constituted a reproduction and/or public making available of the wrapped structures by Christo and his wife and was to be ceased by the image agency.

Conclusion

This case illustrates exemplarily that copyright infringements are not only caused by the use of third-party photographs, but also that one's own images of works of art can constitute violations in the event of commercial exploitation.
That Christo's wrapping artworks enjoy copyright protection and in particular are not covered by the panorama freedom exception had already been decided by the Federal Court of Justice (BGH) (Judgment of 24.1.2002 – Az. I ZR 102/99).