|AIDA "kissing lips"|
Germany is a member state that recognizes freedom of panorama in its national law. § 59(1) German Copyright Act reads (in an unofficial translation):
It is permissible to reproduce, disseminate and publicly reproduce works, which are permanently on public paths, streets or squares, by means of painting or graphics, by means of photographs or by film.Feliks Büttner is the designer of the "kissing lips" painted on the bow of every cruise ship by the operator AIDA. He assigned the exclusive rights of use to AIDA. AIDA sued an operator of a website that offered excursions in connection with cruises and depicted an AIDA cruise ship with the kissing lips design. The website operator tried to avail itself of the freedom of panorama. AIDA argued that the "kissing lips" were not permanently on display in a public place, as the cruise ships moved about. In any case, the art work was not on display on a path, street or square, but rather on water...
|Art on a truck.|
The freedom of panorama therefore includes art on cruise ships, but more importantly, also art on cars, trucks, lorries, busses, street cars and other means of transportation. Therein lies the importance of this decision, since in a modern urban environment, it is almost impossible to take a picture without depicting some copyright protected work affixed to some form of transportation.
Decision of 27 April 2017 - I ZR 247/15 - AIDA Kussmund (only the media release has been published so far)