In as
dispute between the heir of famous German artist Joseph Beuys and a museum
(Schloss Moyland), the Regional Court of Dusseldorf (OLG Düsseldorf) held that
the museum would have required permission from Beuys/his heir for an exhibition
of photographs by Manfred Tischer showing a live performance by Joseph Beuys.
The court held that Beuys’ live performance qualified as an artistic work (there’s
no fixation requirement under German law) and the photographs constituted an
unauthorised adaptation rather than free use. Please read Birgit’s excellent IPKat
post (here) for all the details.
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