• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

LG Cologne on the liability of hotel images on booking platforms

22. February 2023
in Copyright
Reading Time: 4 mins read
0 0
A A
0
copyright
Key Facts
  • The Regional Court of Cologne ruled on the liability of hotel owners for the use of copyrighted photo wallpaper.
  • The photo of a room is a reproduction according to § 16 UrhG, which can lead to legal problems.
  • Purchase of the wallpaper does not lead to a license for reproduction or making available to the public without a contractual agreement.
  • The photo wallpaper was a central element of the room design, not just an insignificant accessory.
  • According to Section 57 UrhG, a work is only immaterial if its omission is not conspicuous or does not change the overall effect.
  • An atmospheric photo wallpaper cannot simply be left out, it is part of the design concept.
  • The decision has implications for hotel operators and the use of images in online advertising.

The Regional Court of Cologne recently issued an exciting ruling on the question of a hotelier’s liability if he posts a photo of a room on a booking platform and if a copyrighted floral wallpaper can be seen in this photo.

According to the court, the photo of the hotel room, which (among other things) depicted the photo wallpaper, is a pure reproduction according to the German Copyright Act. § 16 para. 1 UrhG of the photograph or photographic work visible on the wallpaper. The use of this photograph on Internet booking platforms then constitutes public disclosure pursuant to Section 19a UrhG. However, in the absence of a contractual agreement, the mere purchase of the photo wallpaper (which leads to copyright exhaustion with regard to the use of the same in the hotel room) does not in principle contain a (possibly implied) license for the reproduction of the photo wallpaper in the form of a photograph, nor for making it available to the public. According to the concept of transfer of purpose, only the necessary rights of use are granted upon purchase, which in the present case would not include the rights to reproduce and make available to the public on the Internet.

In the case in dispute, the photo wallpaper is not only an insignificant accessory pursuant to Art. § Section 57 UrhG, if it is a central element in the room design and is placed prominently on the rear wall. So hoteliers can quickly fall into expensive traps here, since a “normal thinking” person would probably not have thought of this problem. There are similar problems in other cases, for example, in the case of photos of business premises, on the walls of which hang well-known, copyrighted, photos, which are then clearly visible in the photos of the premises.

The court on this:

According to Section 57 UrhG, the reproduction, distribution and communication to the public of works is permissible if they are to be regarded as an insignificant accessory to the actual object of the reproduction, distribution or communication to the public. The provision also covers the right of making available to the public within the meaning of Section 19 a UrhG (BGH, GRUR 2015, 667, 668, marginal no. 15 – Möbelkatalog). The question of whether a copyrighted work is to be regarded merely as an insignificant accessory with respect to the actual subject matter of use pursuant to Section 57 UrhG shall be answered from the perspective of an objective average observer, taking into account all circumstances of the individual case. It follows that the qualification of a work as an insignificant accessory within the meaning of Section 57 UrhG is determined by the context of the statement, which can be easily perceived and judged as a whole by the average observer under the circumstances. The specifics of the medium in which the copyrighted work is used must be taken into account. Since the assessment as an insignificant accessory within the meaning of Section 57 UrhG presupposes the assessment of the content-related connection between the work and the main subject matter, the scope of the subject matter of a uniform assessment by the average observer also depends on whether and to what extent content-related references determine the message content of the subject matter of the reproduction, distribution or communication to the public in the individual case (BGH, GRUR 2015, 667, 668, marginal no. 22 – Möbelkatalog).

For the affirmation of the protective barrier of Section 57 UrhG, it is not sufficient that the copyrighted work is in the background from the point of view of the objective observer in relation to the main object of exploitation. According to the wording of the limitation provision, it is rather required that the work is insignificant in relation to the main subject matter of the reproduction. Immateriality in this sense is to be assumed if the work could be omitted or replaced without this being noticeable to the average viewer or without the overall effect of the main object being influenced in any way. However, even a work that is actually perceived as such by the viewer when considering the main subject matter of the exploitation may be regarded as an insignificant accessory if, according to the circumstances of the individual case, it cannot be accorded any substantive relationship, however slight, to the main subject matter of the exploitation, but is of no significance whatsoever for the latter due to its randomness and arbitrariness. A merely subordinate relationship is not sufficient for this purpose. In the required narrow interpretation of the limitation provision, insignificant within the meaning of Section 57 UrhG is rather only a work which, apart from the object of the actual exploitation itself, does not attain a minor or incidental significance.

Such a subordinate significance can no longer be attributed to the co-exploited work as soon as it is recognizably included in the actual subject matter of the exploitation in a stylistic or atmospheric manner or underlining a certain effect or statement, fulfills a dramaturgical purpose or is otherwise characteristic (BGH, GRUR 2015, 667, 670, marginal no. 27 – Möbelkatalog). bb) Applying these principles, the photographs at issue cannot be regarded in the present case in their specific use as an insignificant accessory to the guest room. Rather, the photographs in dispute are recognizably used to create the atmosphere of the advertised guest room. The photos are a central element in the room design and are prominently placed there on the back wall, which makes up the main part of the photo image posted on the Internet for advertising purposes.

The photo wallpaper with the photos of the plaintiff depicted on it on a large scale can also not be omitted or replaced without this being noticeable to the average viewer (BGH, judgment of November 17, 2014 – I ZR 177/13 – Möbelkatalog, marginal no. 27, juris). This shows already conspicuously the comparison made by the plaintiff of the room of the defendant with the photo wallpaper and the further room without a photo wallpaper with only white painted walls (page 11 and 12 of the pleading of 25.03.2022, sheet 199 f. of the file). The wall with the photo wallpaper attracts the eye of the beholder, which is not the case with the white wallpaper. The wallpaper with the tulip motifs is rather perceived by the viewer as belonging to the overall concept (compare BGH, judgment of November 17, 2014 – I ZR 177/13 -, marginal no. 31, juris), according to which the room is designed.

The judgment can be found here(Landgericht Köln, 14 O 350/21 (nrw.de)). I prefer not to use the pictures here on the blog 😉

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BghBlogCologne Regional CourtHaftunginternetLizenzUrheberrecht

Weitere spannende Blogposts

Are Esport Players Contracts ToS?

Are Esport Players Contracts ToS?
27. February 2019

Few people know The vast majority of people, let's say the "non-legally educated" people will probably associate the abbreviation GTC...

Read moreDetails

How can Esports contracts ensure your organization’s success?

How can Esports contracts ensure your organization’s success?
8. December 2022

As a manager or person in charge of organizing a sport or an Esports team, you have to consider many...

Read moreDetails

BGH on the costs of partially successful warning letters

abmahnung
7. November 2022

The German Federal Court of Justice recently issued an interesting decision on questions of costs of a warning letter if...

Read moreDetails

Management for OnlyFans artists: what to consider and how it differs from traditional influencer management

OnlyFans management contracts: What content?
24. October 2023

Management in the influencer sector is no longer uncharted territory. Numerous success stories have already been written with platforms such...

Read moreDetails

BGH on connected works and applicability of the SAS Institute decision

Small summary – Blizzard vs. Bossland
23. February 2023

In a case represented by me, the I. Civil Senate of the BGH last Thursday commented on the huge problem...

Read moreDetails

When can I use the Ecotest label?

International trademark application at WIPO
9. July 2019

The I. Civil Senate of the Federal Court of Justice, which is responsible for trademark law, has to decide in...

Read moreDetails

Manufacturer’s information when applying for electrical appliances

Manufacturer’s information when applying for electrical appliances
14. January 2019

In a judgment of the end of last year, the Landgericht Dortmund agreed with the unanimous case law of, for...

Read moreDetails

Supreme Federal Courts on Mastodon

Supreme Federal Courts on Mastodon
2. March 2023

Since yesterday, the offerings of the Federal Court of Justice, the Federal Administrative Court, the Federal Fiscal Court, the Federal...

Read moreDetails

Cloudflare liable for copyright infringement

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

In a decision from October last year, the Higher Regional Court of Cologne obliged the provider Cloudflare, which many website...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

24. September 2024

Welcome to the third episode of our podcast "IT Media Law"! In this episode, we delve into the fascinating world...

Read moreDetails
8ffe8f2a4228de20d20238899b3d922e

Web3, blockchain and law – a critical review

26. September 2024
86fe194b0c4a43e7aef2a4773b88c2c4

On the dark side? A lawyer in the field of tension of innovative start-ups

26. September 2024
3c671c5134443338a4e0c30412ac3270

“Digital law decoded” with lawyer Marian Härtel

26. September 2024
052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

10. September 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung