Application for interim relief by the heir of Oskar Schlemmer dismissed

The question of whether the violator of a postmortem personality right can be held liable by the heirs even after the expiry of copyright protection concerned the Regional Court (LG) Dessau-Roßlau.

The grandson of the deceased Bauhaus artist Oskar Schlemmer applied for an injunction against an exhibition shown at the Bauhaus Dessau, in which reproductions of costumes designed by Schlemmer for the "Triadisches Ballett" were displayed. In the applicant's view, the originals had been distorted to the point of caricature by the deviations in dimensions, choice of materials and colouring. Furthermore, press reports had created the impression that the items on display were originals by the artist. The applicant saw therein a violation of the postmortem personality right of Oskar Schlemmer.

Court decision

The Regional Court (LG) Dessau-Roßlau (Judgment of 27.01.2014, Az.: 4 O 792/13) declined to issue an interim injunction. Since more than 70 years had passed since the death of Oskar Schlemmer and copyright protection had expired, the applicant could no longer assert the ideational interests of the author's personality right. The ideational interests of the postmortem personality right could not extend beyond the period during which copyright protection existed, provided there were no special protective interests that would justify an extension of the period.

Furthermore, even if an ideational postmortem personality right were to exist, it would not have been violated by the exhibition. It had been sufficiently indicated that the costumes were reproductions. A text placed at the entrance area and the spatial design allowed visitors to sufficiently recognise that it was a free engagement with the work of Oskar Schlemmer. Furthermore, the modification of the individual features of the artwork of Oskar Schlemmer is to be regarded as a permissible artistic interpretation.

Conclusion

The postmortem personality right expires, in the case of ideational interests, with copyright protection after 70 years, provided there are no special protective interests. Furthermore, there is no violation of the personality right if it is clear that it is an imitation and deviations from the original are due to artistic engagement.