News archive

dtb rechtsanwälte has been advising on foundation law issues for many years. After many years of co-operation with the Federal Association of German Foundations, we are now also an official founding partner of the association. The association represents the interests of more than 22,000 foundations in Germany. Together with the association, we want to develop revenue-generating foundation models in order to make charitable activities profitable in the long term. More information on the Federal Association of German Foundations can be found here.

The dispute between the state of Hesse and the finder of an ancient Roman horse's head over an appropriate finder's fee has been going on for a good ten years. Bertold Schmidt-Thomé is representing the farmer on whose property the bronze horse's head, now on display in the Saalburg Museum, was found. The discovery of the ancient relic was not only a sensation for archaeologists. In terms of monument law, this unusual case deals with the exciting question of how archaeological finds can be appropriately evaluated using different categories of work, such as "artistic" or "historical" significance.

 

Helmut Schwan pursues this question in an article for Frankfurter Allgemeinen Zeitung which can be found here.

On Monday afternoon in the Mendelssohn-Remise, more than 90 guests from the gallery and art trade world learnt about the solution model that dtb rechtsanwälte has developed in cooperation with the compliance specialist Kerberos Compliance from Cologne in order to make the art market fit for the requirements of the EU's 5th Money Laundering Directive. There was a lot of positive feedback and lively legal policy discussions. The programme was rounded off with an interesting presentation by our cooperation partner Dr Stephan Zilkens, Zilkens Fine Art Insurancebroker GmbH, on the various ways of insuring art financing under insurance law.

 

Dr Pascal Decker has been included in the list of Germany's best lawyers by Best Lawyers and its German cooperation partner Handelsblatt. The American specialist publisher Best Lawyers is one of the oldest and most renowned lawyer rating services in the world. For over 30 years, the publisher has been compiling and publishing recommendation lists of the best lawyers in 75 countries worldwide in over 140 practice areas, in Germany exclusively in co-operation with Handelsblatt.

 

The result of the rating was published in the 13-15 July 2018 issue of Handelsblatt, pp. 22-27, and can be viewed both via the search function at Handelsblatt Online and on the Best Lawyers website.

JUVE handbook 2017/2018: "The Berlin law firm is particularly valued for its expertise in foundation/charitable trust and art law."

 

This is what the JUVE jury says about dtb rechtsanwälte as a leading law firm in the ranking "Succession/Assets/Foundations", adding: "For example, provenance research, in which dtb cooperates with art historians, is a rarity in the market. It also regularly advises international artists on German law. Recently, an associate trained as a mediator joined the practice. This enables the team to focus on mediation in addition to forensic work in the future, which is becoming increasingly popular with large families in general."

 

JUVE is a reference work for the German legal market. The book lists detailed information on the commercial law services offered by almost 800 law firms. Extensive research with law firms, company managers, representatives of public authorities and employees from the judiciary and academia form the basis for this book. The strictly independent editorial team draws on 20 years of experience with the legal market.

Following the successful symposium "Management of Artists' Estates", which took place in January this year at the Van Ham auction house in Cologne, there was great demand for documentation. The conference proceedings have now been published by Van Ham Art Publications.

 

Why do some artists fall into oblivion after their death? A question that not only the artists themselves, but sooner or later also their heirs, gallery owners, collectors and curators have to deal with. The topic of "management of artists' estates" is becoming increasingly important, but until now there has been a lack of sustainable and comprehensive concepts for dealing professionally with this challenging task. The documentation now summarises all the specific problems and new solution strategies that were discussed during the symposium.

 

Management of artists' estates
Scientific care, structuring, financing and marketing
Eight contributions on approx. 150 pages with colour illustrations
Price: € 30 (incl. 7% VAT)
Available exclusively from VAN HAM Art Publications
www.van-ham.com

"Böhmermann obviously intended a legal test of the ever-changing boundaries of satire - and at the same time a demonstration of the power that satire possesses." - Our partner Dr Pascal Decker on the Böhmermann case in ZEIT Online.

 

The Böhmermann case is on everyone's lips. After the presenter of the ZDF late-night show Neo Magazin Royale recited a diatribe about Turkish President Recep Tayyip Erdoğan a fortnight ago, President Erdoğan demanded that Böhmermann be punished. The German government will now examine the request for punishment. Our partner Dr Pascal Decker has discussed his chances in an article for ZEIT Online.

 

More here

The Berlin branch of the famous London gallery Blain|Southern celebrates its 5th anniversary on 22 March. This will be the occasion for a round table discussion on the Berlin art market. Our partner Dr. Pascal Decker is one of the guests. Be part of it!

 

Blain|Southern is an established London art gallery. The founders, Harry Blain and Graham Southern, have built up an international programme of artists such as Keith Tyson and Richard Long since opening in 2010. In May 2011, Blain|Southern opened their Berlin gallery with an exhibition of acclaimed British artists Tim Noble and Sue Webster. The space, formerly the Tagesspiegel printing works, is centrally located on Potsdamer Strasse.

 

To mark the 5th anniversary of the Berlin branch, Blain|Southern is organising a panel discussion on the highly topical subject of the "Berlin art market". Our partner Dr. Pascal Decker, together with Harriet Häußler, art market expert, Joelle Romba, Director of Sotheby's Berlin office and Julia Wallner, Director of the Georg Kolbe Museum, will shed light on the current challenges and opportunities.

 

When: 22 March 2016 | 6.30 pm
Where? Potsdamer Straße 77-87, 10785 Berlin
Registration: rsvp@blainsouthern.com

We look forward to seeing you there!

It's that time again. The three-month curating course at the Berlin University of the Arts starts again next February. One of the lecturers is Anna Kathrin Distelkamp. You can register until January 29, 2016.

 

The curating certificate course provides in-depth knowledge for curatorial practice through experienced specialist lecturers, individual advice and visits to exhibition venues. In seminars, excursions and forums, you can learn all the steps from the idea to planning and implementation using specific case studies.

 

The course is divided into five modules, which take place on Fridays and/or Saturdays. Within three months, you will receive a compact overview of the current fields of curating while working.

 

Duration: February 26 - May 21, 2016
Times: Friday and Saturday: 9 am - 6 pm and 7 pm respectively
Registration deadline is January 29, 2016

We look forward to seeing you there!

Libraries are allowed to make books digitally accessible - this was decided by the German Federal Court (BGH) in April. The reasons for the ruling are now available. Our partner and lawyer Bertold Schmidt-Thomé explains what this ruling means for publishers.

 

Libraries are allowed to offer books at electronic reading stations. This was decided by the BGH in April, which ruled in favor of Darmstadt Technical University. A publisher had sued for injunctive relief in 2010 because the university had made books - including those of the plaintiff publisher - available to students digitally, but had refused to provide the e-book published by the publisher. The BGH's reasoning is now available. Essentially, it states that it cannot be assumed without further ado that the users of the reading stations are reproducing the works unlawfully. Printing or saving for private use is permissible. (Case no. I ZR 69/11).

 

"Even if a user is interposed here, the core of the dispute is again about the appropriate remuneration of the authors. The statutory provision on which the BGH based its decision makes it more difficult for publishers to prevent the distribution of unlawful digital copies of their works at the source if there is no other contractual agreement.

 

Publishers must now attempt to enforce a ban on reproduction in accordance with §§ 52b, 53 UrhG via their contractual terms vis-à-vis public purchasers, such as university libraries. It must also be ensured that such contractual conditions are also effective when purchased via booksellers. At the same time, claims for injunctive relief against internet portals that distribute privately posted digital copies of works should be examined for unauthorized commercial reproduction (business model content versus advertising)."

 

Read the decision here

After a sometimes heated debate on the amendment to the Cultural Property Protection Act, Minister of State Monika Grütters has made a complete overhaul. Our lawyer and art historian Bertold Schmidt-Thomé on the draft.

 

"At last there is a draft basis to talk about. The published version contains not only the legal text but also the entire draft bill with explanatory memorandum in the appendix. It is a heavily amended draft that has been revised in almost all important points. Ms. Grütters has done what she said she would do. Namely to listen. As far as the content is concerned, many concerns have been taken on board and regulations have been toned down. However, there is still a tendency to restrict the rights of private individuals and trade. The law is thus consistently in line with current legislation that restricts civil liberties. Readings in the Bundestag and Bundesrat will now follow. There will also be another round of hearings. So it will remain exciting."

 

"The nationalization of cultural assets is a questionable category," writes our partner Bertold Schmidt-Thomé in the newspaper DIE WELT about the draft law of the Minister of State for Culture and Media.

 

The planned amendment to the Cultural Property Protection Act continues to be the subject of lively debate. A press conference held last week by Monika Grütters (CDU), Minister of State for Culture and the Media, was intended to make the debate more objective. This has happened to some extent, and positive voices can also be heard - but many artists, collectors and museums are still unsettled.

 

Our partner and lawyer Bertold Schmidt-Thomé discusses the pros and cons of the draft in the newspaper DIE WELT and proposes necessary changes.

 

More here

 

Berlin lawyer Lucas Elmenhorst and dtb rechtsanwälte go their separate ways. After four successful years, Lucas Elmenhorst and dtb rechtsanwälte have mutually decided to terminate the employment contract.

 

"dtb rechtsanwälte and Lucas Elmenhorst have worked together successfully for four years. We would like to thank him for this. In the coming months, he will continue to qualify as a notary and we wish Lucas every success in his new position," says Dr. Pascal Decker, founding partner of dtb rechtsanwälte.

The Cultural Property Protection Act is intended to protect cultural property from damage, theft and destruction. Now the law is to be revised. The amendment is being hotly debated. Rightly so? Everyone agrees that the protection of cultural property is important. Nevertheless, the amendment of the Cultural Property Protection Act is the subject of much debate. Why?

 

 

The planned amendment is a new law that is intended to unite the existing laws, the Cultural Property Protection Act and the Cultural Property Restitution Act. The amendment is also justified by the fact that German cultural property protection is to be adapted to international standards. The plan is to tighten the import and export regulations for cultural property and to formulate clear due diligence obligations for the acquisition of cultural property. The modification is being initiated by the Minister of State for Culture and the Media, Monika Grütters, and is due to come into force at the beginning of 2016. The ministry believes that stricter regulations will strengthen Germany as a location for the art trade. Recent incidents of counterfeiting and fraud have made negative headlines.

 

 

The regulation on the export of cultural assets associated with the legislative project is particularly controversial. Until now, particularly important cultural assets were recorded by each federal state in a "register of nationally valuable cultural assets". If one of these registered cultural assets was to be exported, an official permit was required. The lack of initiative with which this register was kept was the main reason why the export of cultural assets could only be prevented in a few cases due to an entry in the register. The draft law is now intended to counter this with stricter export regulations. The draft bill provides for the export of nationally valuable cultural property to be subject to a general licensing requirement. However, how to determine what is nationally valuable remains unclear for the time being. The proposed regulation would particularly affect private collectors and galleries, as state museums would be exempt from the licensing requirement. This disregards the fact that Germany as an art trade location also thrives on the exchange of private collections on the international market.

 

 

Significantly more works of art would only be tradable in Germany if the law were based on an EU regulation that focuses solely on material, age and - often very low - value limits, our partner and lawyer Bertold Schmidt-Thomé noted in the newspaper DIE WELT. In England, for example, there is instead a so-called pre-emptive right of the state, which allows the state to acquire the cultural property within a certain period of time. If this does not happen, the owner may freely dispose of it. This is not the case in Germany. So the question arises: does it make sense to make the transfer of cultural assets more difficult?

Tailor-made brand architecture is a prerequisite for successful companies. Keeping track of registered trademarks is not easy. dtb rechtsanwälte and the brand communication agency PLEX have designed ChequeB for this purpose. Companies often have a large number of registered trademarks - but they have lost track of them. As a result, they not only fail to recognize the potential of the individual trademarks, but are also vulnerable on the market. This is because registered trademarks are often no longer up to date.

 

More here

Two seemingly disparate terms from different worlds. And yet there are many points of contact. Our lawyers Dr. Pascal Decker, Nicole Schmidt and Anna Kathrin Distelkamp will explore these in their workshop at the German Fundraising Congress.

The competition for donations is bringing non-profit organizations more and more into the public eye. As a result, free-riders are sometimes able to take advantage of the good reputation of organizations and brands are copied. Competition and trademark law are efficient instruments to defend against this. A strong brand strategy supports positioning in the market and guarantees a monopoly on words, slogans, images and other symbols.

The choice of legal form is also crucial for non-profit organizations. In their workshop "Non-profit status and competition", our lawyers explain how to effectively combine legal forms for different fields of activity and protect yourself in competition.

During the 2014 Munich Literature Festival, artist Jonathan Meese gave the Hitler salute and was sued. His gesture is to be regarded as a performance - as the Munich Regional Court has now ruled and discontinued the proceedings. Our lawyer Dr. Pascal Decker is representing the artist.

 

Jonathan Meese was a guest at the Munich Literature Festival on November 21, 2014 to give a performance on the subject of the "Dictatorship of Art". During his performance, the artist commented on the recent cancellation of his Parsifal production in Bayreuth and then spoke about the main theme of the evening. In the meantime, he showed the 'Hitler salute' at several points.

 

"This appearance is to be regarded as a performance and therefore a work of art," his lawyer Dr. Pascal Decker commented on the case. He argued that Meese's behavior should be assessed in the light of artistic freedom. Jonathan Meese is nationally and internationally successful as one of the most important contemporary German artists and is known for repeatedly thematizing personalities from world history and myths in his works. "The organizers and the audience, who spent €12 on a ticket, knew what to expect," argues Dr. Decker. This is the fourth case against the artist to end in an acquittal.

Together with the World Wide Fund for Nature (WWF), dtb rechtsanwälte organized the April edition of kunst.kabinett. The guest was Tilman Kriesel - grandson of the collector couple Dr. Bernhard and Margit Sprengel - who spoke about the passion that must not be missing in art and nature conservation.

 

The guests of kunst.kabinett agreed that it was a wonderful and stimulating evening. The evening's speaker, Tilman Kriesel, addressed the planned topic of "Art and philanthropy". In his talk, the art consultant provided an insight into the life of his grandfather Dr. Bernhard Sprengel, the chocolate manufacturer who became an important art collector and founded the Sprengel Museum in Hanover. In addition to interesting anecdotes, a bridge was also built between art and nature conservation. Passion, said Tilman Kriesel, is needed to be committed and effective in both areas.

 

dtb rechtsanwälte organizes the kunst.kabinett format four times a year. In a small setting, guests and speakers can exchange views on current topics. After a lecture and a round of talks, there is always time to get to know each other over wine and cheese.

 

Tilman Kriesel is managing partner of Tilman Kriesel Art Advisors GmbH in Hamburg and co-founder of the Förderkreis der Deichtorhallen and founder and board member of the young circle of Friends of the Sprengel Museum Hannover.

Dealing in digital art is not an easy undertaking. This is because these works of art lack the allure of rarity that makes material works of art interesting. The entrepreneur and artist Stephan Vogler has now developed a solution in collaboration with dtb rechtsanwälte and with the help of Bitcoin technology.

 

Digital art often finds it difficult to assert itself on the international market. One reason for this is that it appears to be available as often as desired and is therefore difficult to trade. Stephan Vogler and dtb rechtsanwälte have developed a new type of license that transforms usage rights to copyrighted digital works into limited and tradable goods. This is possible with the help of Bitcoin technology.

 

Bitcoin is the name of an electronic currency and a payment system. With this system, it is possible to process transfers via the Internet without the involvement of a third party, such as a bank. The participants' credit balances are stored electronically. The market value of bitcoins is based on supply and demand.

 

Stephan Vogler is co-founder and managing director of CipSoft GmbH. His many years of involvement with questions of philosophy, information theory, art, law and economics have led him to create his own works on these topics.

This year, the Art Congress Cologne will once again take place during Art Cologne. Our lawyer Dr. Lucas Elmenhorst will be attending the conference as an art market expert and will be speaking on the subject of the authenticity of works of art.

 

"The art market of the 21st century in the field of tension between transparency, acceleration and globality" - this is the theme of the Art Congress Cologne 2015. Exciting statements, lectures and panel discussions will deal with the art market and the legal and tax framework.

 

The panel "Legitimate acquisition of artworks - the increasing importance of sales contracts and due diligence in the art market" will also deal with legal issues. Our lawyer Dr. Lucas Elmenhorst is represented as a lawyer and art market expert and will discuss this topic with the other speakers and the audience after a keynote speech on the authenticity of artworks.
The Art Congress Cologne is aimed at private collectors, art enthusiasts, professional art market participants as well as institutions, banks and family offices.

 

Date: 17th of April 2015

The new summer semester is now starting in Berlin. This year, our lawyer Dr. Mara Wantuch-Thole will once again provide insights into law at the Freie Universität Berlin.

 

The interdisciplinary seminar for students of art history and law is dedicated to the question of how the law regulates the relationships between the various players in the "art world". The course is divided into two main topics: Legal Issues of Copyright and Legal Issues of Museum and Art Market Practice.

 

Dr. Wantuch-Thole teaches together with Dr. Friederike Gräfin von Brühl, K&L Gates.

Introduction on April 21, 2015
Further dates:
May 15/16, 2015
July 3-4, 2015

Gaining a foothold in Berlin's cultural scene is no easy task, especially for newcomers and career changers. Kulturförderpunkt Berlin organized a networking event in mid-March to provide assistance. One of the speakers was our lawyer Anna Kathrin Distelkamp.

 

All beginnings are difficult. This also applies to artists who want to establish themselves in the Berlin cultural scene. Before they can start planning their own projects, they need to clarify fundamental questions such as: Which legal form is the right one and what funding opportunities are available?

 

Kulturförderpunkt Berlin organized the event "How do I get started? First steps in the independent Berlin cultural scene. Our lawyer Anna Kathrin Distelkamp, together with Katja Grabert from Netzwerk Selbsthilfe e.V., advised on legal issues.

In April, our lawyer Dr. Pascal Decker will be a guest at a foundation event organized by Pax-Bank. The topic is the importance of branding for the identity of foundations.

 

Under the title "What makes our foundation special - or: Why should someone give us their money?", Pax-Bank invites you in mid-April to discuss together what makes up the special identity of each foundation, how to emphasize it and how to live it as a brand.

 

Christian Schlimok, Managing Director of Novamondo GmbH, and our lawyer Dr. Pascal Decker will shed light on the topic from a communications and legal perspective.

Time: April 17, 2015, 1 - 5.30 p.m.
Place: Stuttgart
Participation fee: 50€ each

When art is borrowed, many parties are involved in the process: Collectors, museums, shipping companies, galleries and the public. What to look out for will be discussed at Art Cologne. One of the speakers is our lawyer Dr. Lucas Elmenhorst.

 

Art Cologne stands for viewing, enjoying and buying works of art. Art lovers and collectors will find a wide range of modern and contemporary art at the world's oldest art fair. This year, the fair takes place from April 16 - 19.

 

During the fair, many events will focus on topics related to art and the art trade. The 4th Cologne Art Insurance Talk will deal with the loan of works of art. On the first day of the fair, Zilkens Fine Art Insurancebroker invites a group of experts to discuss, among other things, the impact of loan agreements and experience with exhibition venues. Our lawyer Dr. Lucas Elmenhorst will also be represented on the panel.

 

Date: April 16, 2015
Location: Blue Salon, Koelnmesse
Registration at: info@zilkensfinart.com

According to press reports, militant groups earn their money from the illegal sale of looted art, among other things. Western governments are now trying to take joint action against this. In her doctoral thesis, our lawyer Mara Wantuch-Thole examines how stolen cultural property can be claimed across national borders, taking into account the results of international agreements.

 

According to media reports, the terrorist regime in the Middle East is largely financed by the illegal trade in cultural property from Syria and Iraq. According to British MP Robert Jenrick, this is "the largest scale of looting" since the Second World War. An agreement is now being discussed between the UK and the USA to take joint action against the illegal import of cultural goods. In Germany, the revision of cultural property law promises tougher measures against the illegal trade in cultural property and to make it easier to enforce claims for the return of cultural property. The amendment is due to come into force at the beginning of 2016.

 

In her book "Cultural Property in Cross-Border Litigation", our colleague Dr. Mara Wantuch-Thole takes an in-depth look at the protection of cultural property, examining the enforceability of claims to illegally excavated, exported or stolen cultural property across legal systems. The Syria Directive, which has just come into force, and the Iraq UN resolution from 2003 are also explained.

What makes an organization valuable? Which profile suits which association? The Association Marketing and Communication Forum will address these and other questions. Our lawyer Nicole Schmidt will hold a workshop on the topic of association logos and marketing.

 

The fourth edition of the Association Marketing and Communication Forum will take place in Cologne at the end of April. In lectures and workshops, the successful implementation of campaigns will be discussed, how to deal with crisis situations and how press work can be successful even with few resources.

 

Together with Christian Schlimok, Managing Director of Novamondo GmbH, our lawyer Nicole Schmidt will hold a workshop on the topic of "From association logo to brand communication". The speakers will discuss what makes a successful external image, how quality and differentiation features can be optimally communicated and what else plays a role in addition to visual factors - in line with the subtitle of the workshop: What really sticks in members' minds.

 

Date: April 28/29, 2015
Registrations received by March 20, 2015 receive a discount of 100 €.

We look forward to welcoming you.

The second edition of the law firm boutique salon was once again well attended and offered the participating law firms the opportunity to expand their contacts. During the event, Dr. Nikolaus Förster, editor-in-chief of the business magazine Impulse, explained what law firms should consider in their press work. Following the successful start of the first meeting at the end of November, around 30 representatives from various law firms came together again to discuss current topics.

 

Together with the host law firm lindenpartners, the initiator and cultural manager Claudia Bonacker welcomed the attendees. Dr. Nikolaus Förster, editor-in-chief of the business magazine Impulse, opened his presentation with the provocative title "Guaranteed to be uninteresting - how to ensure that the media are guaranteed to ignore you". Afterwards, the participants had time to exchange ideas and enjoy the view.

 

The aim of the network meetings is to develop together and establish reliable contacts - from which clients and law firms benefit in the long term.

In February, the three-month curating course at the Berlin University of the Arts begins once again. The course is aimed at anyone who would like to pursue curating as a part-time or full-time profession, as well as decision-makers at public institutions and companies. One of the lecturers is Anna Kathrin Distelkamp. The registration deadline is January 30, 2015.

 

The curating certificate course provides in-depth knowledge for curatorial practice through experienced specialist lecturers, individual advice and visits to exhibition venues. In seminars, excursions and forums, you can learn all the steps from the idea to planning and implementation using specific case studies. The course is divided into five modules, each lasting two days. Within three months, you will receive a compact overview of the current fields of curating while working.

Duration: February 27 - May 09, 2015
Times: Friday and Saturday: 9 am - 6 pm and 7 pm respectively
Registration deadline is January 30, 2015.
Unfortunately, there are currently only places on the waiting list.

We look forward to welcoming you!

It was a fruitful and inspiring meeting - that was the tenor of the participating law firms after the 1st Law Firm Boutiques Salon in Berlin. dtb rechtsanwälte hosted the kick-off event. More than 30 guests attended the event. The network meeting was opened by the initiator and strategy consultant Claudia Bonacker and Bertold Schmidt-Thomé from dtb rechtsanwälte as the host law firm.

 

Prof Dr Gisela Schmalz, Professor of Strategic Management and Business Ethics at the Rheinische Fachhochschule Cologne, gave the keynote speech. She outlined the structures of networks and worked out the differences between cliques and networks with the participants. An exciting discussion on the topics of building and maintaining networks!

 

After the keynote speech, there was plenty of room for the participating law firms to exchange ideas and find inspiration. The aim of the network meetings is to develop together and establish valid contacts - from which clients and law firms benefit in the long term.

 

The next Law Firm Boutique Salon will take place on 22 January 2015 in Berlin.

The curating certificate course at Berlin University of the Arts will start again next year. The extra-occupational course is aimed at anyone who would like to pursue curating as a part-time or full-time profession, as well as decision-makers at public institutions and companies. The registration deadline is 30 January 2015 and one of your lecturers is Anna Kathrin Distelkamp.

 

The Curating certificate course at Berlin University of the Arts is aimed at anyone who would like to professionalise their professional or personal range of activities through curatorial work and acquire expert knowledge at university level. Through experienced specialist lecturers, individual counselling and visits to exhibition venues, the further education course imparts sound knowledge for curatorial practice. Within three months, you will receive a compact overview of the current fields of curating while working.

 

Seminars, excursions and forums will enable you to learn all the steps from the initial idea to planning and realisation using specific case studies. One of your speakers is Anna Kathrin Distelkamp. Registration closes on 30 January 2015 and we look forward to seeing you there!

More fun than a burden - the 4th German Design Congress. In his workshop, design lawyer Bertold Schmidt-Thomé worked out with the participants how careful project preparation and contract drafting can have a positive effect on the enjoyment of the profession.

 

The more than 220 guests at the 4th German Design Congress in Essen were offered a top-class programme of lectures. Legal issues relating to the utilisation of designs and the drafting of contracts were discussed intensively in the workshop by lawyer Berthold Schmidt-Thomé titled: "More burden at the beginning, more pleasure at the end".

 

On Friday, 14 November 2014, the Berlin foundations will present themselves on the occasion of the 6th Berlin Foundation Day in the Rotes Rathaus. The participants often develop joint project ideas through mutual exchange. Anna Kathrin Distelkamp will be presenting the topic of "Cooperation between Foundations".

 

More and more foundations are realising successful projects together. This is because cooperation between foundations offers great potential for realising the foundation's purpose and using funds in a variety of ways. When several partners pool their expertise and resources, projects can be realised that a foundation alone can hardly manage. Funds can be utilised more efficiently. However, the opportunities also involve considerable risks in terms of civil, tax and charitable law. The information provided in the presentation on this topic should help you to assess risks and seize opportunities.

 

We look forward to welcoming you.

Under the motto "Foundations as Trailblazers - and How They Achieve Improvements", the Frankfurt Foundation Day 2014 will take place on the 14th of November at the Frankfurt Chamber of Industry and Commerce. One of your lecturers is Dr. Pascal Decker.

 

Frankfurt has a high density of foundations. More than 500 foundations are active there. In order to further promote exchange and networking, the Frankfurt Foundation Day 2014 will take place on 14 November. Together with the Frankfurt Chamber of Industry and Commerce, the Frankfurt Foundations Initiative is inviting interested parties to various workshops. Using practical examples, participants will find out how foundations can ideally utilise their creative scope and operate effectively and sustainably. Dr. Pascal Decker from dtb rechtsanwälte and Christian Schlimok of the novamondo agency will shed light on how foundations can develop and implement a successful brand strategy.

 

Secure your place in one of the seven workshops here.

Find out how to develop and implement a successful brand strategy for your association in a two-day workshop in Cologne at the beginning of December. dtb rechtsanwälte and the design agency novamondo look forward to seeing you there.

 

Using a current case study, you will learn in two days how to develop and successfully implement the right brand strategy for your organisation.

 

To begin with, the basics will be clarified - such as the question of why associations should endeavour to develop a professional brand strategy at all, what the difference is to commercial enterprises and what role the members of an association play in a successful brand strategy.

 

In a second step, you will work with your lecturers to develop your own brand campaign tailored to your association and learn how to implement it successfully. The two-day seminar is rounded off with expert tips on trade mark law to ensure that your brand remains unassailable in the future.

 

The seminar will take place from 8 to 9 December 2014 in Cologne. We look forward to welcoming you.

A customised trademark architecture is a prerequisite for successful companies. Keeping track of registered trade marks is not easy. dtb rechtsanwälte and the brand communication agency PLEX have designed ChequeB for this purpose. Companies often have a large number of registered trade marks - but they have lost track of them. As a result, they not only fail to recognise the potential of the individual trademarks, but are also vulnerable on the market. This is because registered trade marks are often no longer up to date.

Last year, the Jonathan Meese case raised the question of when art is still within the scope of constitutionally guaranteed artistic freedom and when the boundary to criminal law is crossed. At the 8th Heidelberger Kunstrechtstage, Dr. Pascal Decker will once again provide an overview of the most relevant legal issues.

 

As part of the 8th Heidelberger Kunstrechtstage, Dr. Pascal Decker will revisit the case of Jonathan Meese, which in 2013 not only aroused the emotions of the art world.

 

When Jonathan Meese had to stand trial for showing the controversial Hitler salute during a SPIEGEL interview in June 2012, not only art experts across Germany discussed one question: was this behavior still covered by artistic freedom as part of an artistic performance or was it already relevant under criminal law? After several days of hearings, the Kassel Local Court ruled that Meese's behavior as part of his interview performance was covered by the artistic freedom guaranteed in Article 5 (3) of the German Constitution.

 

The 8th Heidelberger Kunstrechtstage will be devoted to current fundamental questions on property, artistic freedom and cultural property protection law in various lectures. The event will take place on 31.10.14 and 1.11.14 at the Academy of Sciences and Humanities in Heidelberg.

 

A network meeting for foundations in Berlin - that is the Berliner Stiftungsfrühstück. The initiators are Berlin's Senator of Justice Thomas Heilmann and Dr. Pascal Decker, Managing Director of the Stiftung Brandenburger Tor.

 

The Berliner Stiftungsfrühstück is a network meeting designed to promote the exchange and cultivation of contacts between foundations and the supervisory authorities in Berlin. The first foundation breakfast in April 2013 was very well received, with more than 40 foundations exchanging ideas and engaging in lively discussions.

 

The next breakfast will take place on September 29, 2014, at Salzburger Straße 21 - 25, in Berlin-Schöneberg.

There is still no end in sight to the Cornelius Gurlitt case. In fact, the Gurlitt case is constantly raising new questions for art historians and lawyers. The Friends of the Kunsthalle Hamburg therefore invite you to the lecture "The Dilemma of the Causa Gurlitt" by Dr. Lucas Elmenhorst.

 

The Gurlitt case is an unparalleled story. Cornelius Gurlitt spent almost his entire life with more than 1,000 pictures in a Munich apartment. It is certain that various works were confiscated as a result of Nazi persecution. The task force "Schwabinger Kunstfund" is currently clarifying exactly which works are involved.

 

Dr. Lucas Elmenhorst will be giving a lecture on the legal issues raised by the Gurlitt case and the problems that need to be solved in the future on October 5, 2014 at the Kunsthalle Hamburg entitled: "Looted art or legitimate heritage - the dilemma of the Gurlitt case".

 

Together with the auction house Bonhams, dtb rechtsanwälte brought the art of the Russian Empire to life for the duration of an exciting event. The setting was a book presentation by Cynthia Coleman Sparke on the development of Russian art objects. The presentation was accompanied by a lecture on the world-famous Fabergé eggs.

 

In her book "Russian Decorative Arts", Cynthia Coleman Sparke describes how Russian art objects developed and were designed in their historical context. The spectrum ranges from Fabergé to jewelry, glass and wooden objects. An illustrated chapter is dedicated to each area, in which special techniques are explained, Russian characteristics are explained and the most important craftsmen are introduced.

 

The book presentation took place together with the Bonhams auction house on September 2, 2014 in the offices of dtb rechtsanwälte in the Pergamon Palais. The book presentation was accompanied by a lecture on the world-famous Farbergé eggs. Some original Fabergé objects were also on display.

Why is it important for a social organization to develop a brand and protect it in the long term? The participants of the event "Story, Marke, Markenrecht" explored this question. The presentation took place in the offices of dtb rechtsanwälte in the Pergamon Palais.

 

It is important for a social organization to "tell the story" of its own projects and organization. Your own name, the names of your own projects and many other elements make up your own story. Everything together results in brand management. What is important? What is perhaps even so important that it should be protected?

 

These questions were explored by dtb rechtsanwälte and the Forum Soziale Geschäftsmodelle at a joint event on September 18, 2014 at the Pergamon Palais. From the perspective of social marketing and fundraising, the participants discussed how a brand is built, how brand management and storytelling are organized and what effects this has on fundraising.

 

From a legal point of view, it was worked out which components are worth protecting, which requirements must be met for brand protection and how best to proceed with brand protection in terms of corporate strategy.

 

The speakers were Ehrenfried Conta Gromberg from the consulting firm Spendwerk and Dr. Pascal Decker from dtb rechtsanwälte.

For many designers, their passion for their profession often becomes a burden. This is why the 4th German Design Congress is focusing on the topic of "Pleasure & Burden". In a workshop, design lawyer Bertold Schmidt-Thomé will work with participants on how careful project preparation and contract drafting can have a positive effect on the desire to work.

 

More burden at the beginning, more pleasure at the end - this is the motto of the workshop by design lawyer Bertold Schmidt-Thomé at the 4th German Design Congress on October 20 in Essen.

 

The background to this is the BGH decision on the so-called "birthday train". At the end of last year, the BGH changed its decades-long case law in favor of designers. Bertold Schmidt-Thomé will discuss the content and implications of the decision with the participants of his workshop. Among other things, he will discuss what careful legal project support can look like. In addition, principles for drafting contracts, processing design orders and marketing designs will be developed.

ARTfi - The Fine Art & Finance Conference brings together leading figures from the world of art and finance in a unique way to provide current and relevant insights into the international art market. Dr. Pascal Decker and Dr. Lucas Elmenhorst will present a joint lecture at ARTfi.

 

Open to professionals and art enthusiasts alike, participants will be able to keep up to date with the latest developments in the global and local art markets as well as in the areas of private and corporate collections, art investment, art fairs and art & taxation. Dr. Pascal Decker and Dr. Lucas Elmenhorst will present a joint lecture on "Art Fund Models in International Comparison".

 

The conference will take place on September 17, 2014, from 10 a.m. to 5 p.m. at the Tagesspiegel headquarters at Askanischer Platz 3. The conference language is English.

For more than two years, the Gurlitt case has not only stirred the emotions of the art world. Much is still unclear, but what is certain is that the Gurlitt case has reignited a discussion about Nazi-looted art that had been neglected for decades. In a recent lecture, Dr. Lucas Elmenhorst deals with the Gurlitt case and its consequences.

 

Cornelius Gurlitt - a man who spends almost his entire life with more than 1,000 paintings in a Munich apartment. It is certain that various works were confiscated as a result of Nazi persecution. The task force "Schwabinger Kunstfund" is currently clarifying exactly which works are involved. The Gurlitt case is an unparalleled story.

 

Dr. Lucas Elmenhorst will be giving a lecture on this subject as part of the Montagsrunde in Hamburg entitled: "The Gurlitt case and Its Consequences".

 

The foundation landscape is undergoing radical change. Dr. Pascal Decker answers the new challenges that foundations and their respective board members should face in the Fondszeitung.

 

Interest rates in Germany have been falling for years now. The permanent phase of low interest rates is forcing a change in the foundation landscape - according to estimates, one third of smaller foundations in particular are no longer able to fulfill their funding tasks. Foundations should therefore ask themselves which new forms of capital investment they need to open up to and what they should consider in future in order not to oversleep the generational change.

 

In a joint interview with Fondszeitung, Dr. Pascal Decker, director of Stiftung Brandenburger Tor , and Dr. Andreas Rickert, CEO of PHINEO gAG, provide answers.

 

The defense lawyers of art adviser Helge Achenbach have suffered another defeat - the attempt to overturn the arrest warrant against their client with an appeal was unsuccessful. Dr. Lucas Elmenhorst reports on the latest developments in Handelsblatt

 

The art consultant Helge Achenbach remains in custody for the time being. His defense lawyers were unable to rebut the accusation of risk of flight and concealment, even with the help of a prison appeal. Helge Achenbach has now been in custody for six months. He is suspected of fraud and forgery of documents because he is alleged to have made "hidden price mark-ups" when selling works of art and vintage cars.

This is one of the most extensive provenance research projects in Germany to date - the search for Nazi-looted art in the collections of Berlin museums. After three years, the project has now been successfully completed in part. Dr. Lucas Elmenhorst reports on the results in the Handelsblatt.

 

Together with the State of Berlin, the Stiftung Preussischer Kulturbesitz has completed a three-year project to investigate suspected Nazi-looted art - one of the most extensive provenance research projects in Germany to date. The aim is to successively examine all the holdings of the museums in Berlin that belong to the Stiftung Preussischer Kulturbesitz. The area of classical modernism in state ownership has now been fully examined. Three out of 450 works were taken from their Jewish owners. In 61 cases, the provenance could not be fully clarified.

Chaos and order - this is the title theme of the new art value. The authors of the current issue provide successful insights into the world of artists and answer how chaos can act as a source of inspiration for art and artists.

 

Chaos serves as a source of inspiration for many artists - including Sabine Kacunko. In her installations, the artist works with the representation of bacterial cell cultures in order to shed light on the productive interaction between art and science. She attracted international attention with her multimedia project BOOTSCHAFT, which she performs in Germany and abroad, mainly in public spaces.

 

In her article in the current issue of art value, Sabine Kacunko describes what she finds fascinating about working with micro-organisms, dust and patina as artistic tools. Some of Sabine Kacunko's works of art can be found in the corporate collection of dtb rechtsanwälte.

The Gurlitt case is causing a stir worldwide - and not just among experts. It raises a number of legally complex questions, which Dr. Lucas Elmenhorst answers in an article for the Handelsblatt.

 

Regardless of how each individual assesses the Gurlitt case, it nevertheless stimulates discussion about the compatibility of morality and law. This always raises exciting and sometimes difficult legal questions. In an article for the Handelsblatt, Dr. Lucas Elmenhorst addresses the most important issues and provides an outlook on likely developments in the dispute over restitution issues.

The German Federal Court (BGH) has abandoned its decades-long case law in copyright law and has thus agreed with the arguments put forward by dtb rechtsanwälte in the revision proceedings. Designers throughout Germany will benefit from this change. Bertold Schmidt-Thomé led the proceedings as the plaintiff's lawyer.

 

Self-employed designer Heike Wiechmann and her lawyer Bertold Schmidt-Thomé fought for the plaintiff's rights for five years and went through all instances. In the end, the BGH ruled in the appeal proceedings that Heike Wiechmann was entitled to a subsequent share of the revenue from the sale of her so-called "birthday train". The BGH's decision was essentially based on the reform of design law in 2004.

 

The 49-year-old toy designer Heike Wiechmann from Lübeck had designed the so-called "birthday train" for a large German toy company in 1998 and received a fee of DM 400. The colourful wooden train, on whose carriages candles and numbers can be attached, became a bestseller and sold at least 200,000 units in the following years.

If you want to set up a foundation, you not only need perseverance and financial resources, but also the necessary tools. At the 16th Stuttgart Foundation Day, foundation experts will exchange ideas with participants in lectures and workshops and give advice on how to set up a foundation successfully. Dr Pascal Decker is one of the speakers on the 22nd of November in Stuttgart.

 

Many foundation founders do not realise the particular benefits of a successful brand strategy. In his workshop "Brand management of foundations - practice and relevance", Dr Pascal Decker will therefore focus in particular on the development of brand development strategies. Using the DRF Stiftung Luftrettung gAG as a case study, participants will learn how they can successfully develop their own brand communication and utilise it for their foundation. In the second part of the workshop, the requirements and obstacles of brand protection will be discussed in detail. As part of the 16th Stuttgart Foundation Day, participants will be given the opportunity to talk to experts from the world of foundations and receive helpful tips for setting up a successful foundation.

 

The event will take place on the 22nd of November at the Haus der Katholischen Kirche in Stuttgart. We look forward to welcoming you!

 

"Cross-border art and the limits of contract law" - on Tuesday, 5 November 2013, from 6 p.m. in our offices in the Pergamon Palais.

 

Cross-border contracts characterise the business of everyone involved in the art trade today. In co-operation with the Federal Association of German Galleries and Art Dealers (BVDG), dtb rechtsanwälte invites you to the workshop "Cross-border art and the limits of contract law".

 

The workshop will address selected questions that typically arise when art crosses national borders. Questions of choice of law and jurisdiction will be discussed as well as customs and tax law issues. The workshop is aimed in particular at internationally active galleries who would like to deepen their knowledge of contract law.

 

You are welcome to send us a question in advance that concerns you in this context. If you are interested, please contact Sabine Bärenklau, baerenklau@dtb.eu. The workshop will begin on 27 November at 6 pm in our offices at Am Kupfergraben 4, 10117 Berlin. The speakers will be Laura Schopp and Anna Kathrin Distelkamp. Afterwards, we invite you to join us for a snack.

 

We look forward to seeing you there!

The painting "The Card Players" by Paul Cézanne recently achieved a record sale price of the equivalent of 190 million €. This makes it the most expensive painting in the world. The rising sales and auction prices for works of art are a trend that has been observed worldwide for years. Lawyer and art historian Dr Lucas Elmenhorst will discuss the background to this phenomenon in a lecture.

 

Since the financial crisis, sales and auction records for works of art seem to be tumbling. After the painting "The Card Players", the painting "The Apples" by Paul Cézanne also achieved the proud price of the equivalent of 32 million euros at this year's spring auction at Sotheby's in New York. However, these are not just isolated phenomena. The major German auction houses also reported the best season in their history back in 2011 - and the trend continues. But how can such record prices be achieved even though the effects of the financial crisis on the global economy are still being felt?

 

In his lecture, Dr Lucas Elmenhorst will examine the special workings of the art market and will shed light on the influence of the growing wealth of many collectors and the increasing desire for art as a capital investment.

 

The lecture will take place on Friday, 18 October at 1 pm in the "Kaisersaal" at Bellevuestrasse 1, in Berlin-Tiergarten. Please register at elmenhorst@dtb.eu.

The BGH has to deal with the complaint of a well-known children's book illustrator and freelance toy designer. This could result in a change in case law that would benefit freelance designers throughout Germany. Lawyer Bertold Schmidt-Thomé is overseeing the proceedings.

 

The decision of the BGH in the case of the so-called "Geburtstagszug" ("birthday train") has been announced for mid-November. The BGH will address the question of whether and to what extent design products may enjoy copyright protection. The plaintiff is a well-known children's book illustrator and independent toy designer. Her works are among the bestsellers of a major German toy manufacturer. However, the manufacturer refuses to give the plaintiff a share of the sales. The argument: in the absence of copyright protection, there is no legally enforceable claim to a share of sales.

 

To date, case law has applied a very strict standard for protectability. Should the BGH decide to change this case law, freelance designers throughout Germany would benefit.

Together with other members of CREATE BERLIN, dtb rechtsanwälte will be giving a presentation on "Design and Brand" on 28 August 2013.

 

Exciting presentations for the Berlin design scene in a relaxed atmosphere - that is the aim of the Berlin creative network CREATE BERLIN. On 28 August 2013, 6 pm, another lecture evening will take place at the Automobil Forum Unter den Linden.

 

It will begin with a presentation by the BSR marketing department on the "Trenntstadt" design competition. This will be followed by a presentation by dtb rechtsanwälte on the multifaceted topic of "design and brand", highlighting the procedure and legal pitfalls involved in brand strategies. The third presentation will be given by the marketing manager of the creative agency dan pearlman, who will present the CREATE CHANGE project. The final presentation by trend research agency Güldenberg will offer interesting insights into the topic of "upcycling", i.e. the utilisation of discarded raw materials to create new products. Due to the limited number of places available, we kindly ask you to register at assistent@create-berlin.de.

 

We look forward to seeing you there!

The Local Court of Kassel has acquitted the Berlin artist Jonathan Meese. Meese's acted in the service of art, argued the judge.