- Photomurals in the hotel industry create a pleasant atmosphere for guests and are a popular design feature.
- Ruling of the Düsseldorf Higher Regional Court: Photo wallpapers can be used without copyright infringement if they have been implicitly licensed.
- Hotelier may photograph photo wallpapers and use them to advertise his hotel without naming the author.
- Earlier rulings, such as by the Regional Court of Cologne, show inconsistent case law on copyright issues relating to photo wallpapers.
- The ruling offers the hotel industry legal certainty in the use of photo wallpaper to decorate rooms.
- Hoteliers should seek legal advice in order to comply with copyright requirements and monitor developments.
- The decision of the Düsseldorf Higher Regional Court emphasizes that photographers can tacitly waive the right to be named as the author.
In the hotel industry, interior design is a key factor for the well-being of guests. Photomurals, which often show spectacular landscapes or urban panoramas, are a popular way of creating atmosphere. However, the use of such wallpapers also raises legal issues, particularly in the area of copyright. A recent ruling by the Düsseldorf Higher Regional Court (case no. I-20 U 56/23) has provided important clarification on the copyright assessment of photo wallpapers in hotels
Current case law of the OLG Düsseldorf
In this case, it was decided that the use of photo wallpapers representing copyrighted works in hotels and their display on online platforms does not necessarily constitute copyright infringement. The court argued that the purchase of the photo wallpaper by conclusive conduct also constitutes a simple license to use the works depicted on it, which allows the hotelier to use the wallpaper in the hotel rooms and also to show these rooms in photos used to advertise the hotel. The OLG stated: “The hotel had indeed reproduced and published the photos of the photo wallpaper without naming the author. Nevertheless, it did not violate any rights of the photographer.”
The ruling further states: “After all, it is ‘part of its contractual use that the photo wallpaper may also be photographed and thus published. Otherwise the photomurals would simply not be for sale.”
Diverging judgments in the past
However, it is important to note that other courts have come to different conclusions in the past. For example, in a similar case, the Regional Court of Cologne ruled that the use of a photo wallpaper without the explicit consent of the author and without attribution constitutes a copyright infringement
. These different opinions in case law show how complex and case-dependent the copyright issues are in connection with the use of photomurals. However, the Higher Regional Court of Düsseldorf emphasized that “the sale of a photo wallpaper has created an element of trust [sei] to the effect that such a wallpaper may not only be installed ‘in the digital age’ but also photographed and thus published.”
Significance for the hotel industry
This latest decision by the Düsseldorf Higher Regional Court could be a relief for the hotel industry, as it offers more legal certainty when it comes to decorating hotel rooms with photo wallpaper. Hoteliers should nevertheless keep an eye on developments in case law and seek legal advice if necessary to ensure that they meet all copyright requirements. The Higher Regional Court of Düsseldorf emphasized in its ruling that “the hotel was implicitly granted copyright usage rights to the wallpapers with the purchase of the photo wallpapers in dispute. The contractual use of a photo wallpaper provides for its inseparable connection with the room it is intended to decorate”.
Conclusion
The design of hotel rooms with photo wallpaper offers many creative possibilities to enrich the ambience. However, the legal framework should not be underestimated. Although the decision of the Düsseldorf Higher Regional Court has provided some clarity, the different rulings in similar cases underline the need to carefully examine in each individual case which rights have been acquired and how these can be used in a legally secure manner. Ultimately, according to the Higher Regional Court of Düsseldorf, it should be noted that “the photographer has tacitly waived the right to be named as the author” and “regardless of the fact that the specific agreement between the photographer and the wallpaper manufacturer is not known”.
