2013
28.11.2013
Legal pitfalls of the causa Gurlitt
The Gurlitt case is causing a stir worldwide - not only among experts. Dr. Lucas Elmenhorst answers a number of legally complex questions in an article for the Handelsblatt.
Whatever everyone may personally assess the Gurlitt case, he suggests discussing the compatibility of morality and law. In the process, there are always questions that are legally exciting and sometimes difficult to answer. In an article for the Handelsblatt, Dr. Lucas Elmenhorst discusses the most important issues and gives an outlook on expected developments in the dispute over restitution issues.
28.11.2013
dtb rechtsanwälte achieves groundbreaking change in case law
The Federal Supreme Court has abandoned its decades of jurisdiction in copyright law and thus joined the argumentation of dtb rechtsanwälte in the appeal proceedings. Designers throughout Germany will benefit from the change. Bertold Schmidt-Thomé was the plaintiff's attorney in the proceedings.
The independent designer Heike Wiechmann and her lawyer Bertold Schmidt-Thomé fought for the plaintiff's rights for five years and went through all instances for it. At the end of the appeal proceedings, the BGH decided that Heike Wiechmann was entitled to a subsequent share in the sales of her so-called "birthday train". The BGH's decision is essentially based on the reform of the design law in 2004.
In 1998, the 49-year-old toy designer Heike Wiechmann from Lübeck had designed the so-called "birthday train" for a large German toy company and received a fee of DM 400. However, the colourful wooden train, on whose wagons can be attached candles and numbers, became a bestseller and was sold at least 200 000 times in subsequent years.
06.11.2013
16th Stuttgart Foundation Day - Invitation to the Workshop
Whoever wants to establish a foundation needs not only perseverance and financial resources, but also the necessary tools. At the 16th Stuttgart Foundation Day, foundation experts will exchange ideas with the participants in lectures and workshops and give advice on how to set up a foundation successfully. Dr. Pascal Decker will be one of the speakers on 22 November in Stuttgart.
Many foundation founders are not aware of 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 case study - DRF Stiftung Luftrettung gAG - the participants will learn how to successfully develop their own brand communication and make it usable 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 advice on how to set up a foundation successfully.
The event will take place on 22 November in the House of the Catholic Church in Stuttgart.
We look forward to your participation!
29.10.2013
BGH decision on photos taken by celebrities
The question to what extent press photos of celebrities and their children may be published is the subject of legal disputes again and again. In the current issue of the NJW, Dr. Pascal Decker and Dr. Lucas Elmenhorst deal with the latest BGH ruling in the "Ice Princess Alexandra" case.
The plaintiff is the daughter of Princess Caroline of Monaco. Without her prior consent, representatives of the press of FREIZEIT REVUE took photographs of eleven-year-old Alexandra during a riding tournament, which were published in FEIZEIT REVUE under the heading "Princess Caroline - Your Newcomer Is Like a Papa for Alexandra".
The BGH has now decided that such photos may be used in the context of a report on the sporting event even without prior consent. Neither the level of the press product nor the way of reporting play a role.
In the current issue of the NJW, Dr. Pascal Decker and Dr. Lucas Elmenhorst take a critical look at the verdict.
NJW Issue 39/2013, 2890
21.10.2013
dtb workshop – Contracts without borders
"Grenzüberschreitende Kunst und Grenzen des Vertragsrechts" - on Tuesday, 5 November 2013, from 6 p.m. in our offices at Pergamon Palais
Today, cross-border contracts characterise the business of all those active in the art trade. In cooperation with the Federal Association of German Galleries and Art Dealers (BVDG), dtb rechtsanwälte invites attorneys to the workshop
"Cross-border Art and the Limits of Contract Law".
The workshop deals with selected questions that typically arise when art crosses national borders. Questions of the choice of law and the place of jurisdiction will also be dealt with, as will customs and tax law problems. The workshop is aimed in particular at internationally active galleries who wish to deepen their knowledge of contract law.
You are welcome to send us a question in advance which 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 p.m. in our offices at Am Kupfergraben 4 in 10117 Berlin. Her speakers are Laura Schopp and Anna Kathrin Distelkamp.
Afterwards we invite you to a common snack.
We would be delighted if you would join us!
11.10.2013
dtb lecture – The most expensive work of art in the world
Recently, Paul Cézanne's painting "The Card Players" achieved a record sales price of the equivalent of 190 million euros. This makes it the most expensive painting in the world. The rising sale 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 give a lecture on the background of this phenomenon.
Overall, since the financial crisis, sales and auction records for works of art seem to be tumbling. After the painting "The Card Players", Paul Cézanne's painting "The Apples" also fetched 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 individual phenomena. Even the major German auction houses reported the best season in their company history 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 continue to be felt?
In his lecture, Dr. Lucas Elmenhorst will deal with the special functioning of the art market and will highlight the influence of the growing wealth of many collectors as well as the increasing endeavour for art as an investment.
The lecture will take place on Friday, 18 October at 1 p.m. in the "Kaisersaal" at Bellevuestrasse 1, Berlin-Tiergarten. Registration at elmenhorst@dtb.eu is requested.
13.09.2013
Design and copyright protection
The BGH has to deal with the complaint of a well-known children's book illustrator and independent toy designer. This could lead to a change in case law which would benefit freelance designers throughout Germany. Attorney Bertold Schmidt-Thomé is in charge of the proceedings.
The decision of the BGH in the case of the so-called "birthday train" has been announced for mid-November. The BGH will ask itself whether and to what extent design products may enjoy copyright protection. The plaintiff is a well-known children's book illustrator and independent game designer. Her works are among the bestsellers of a major German toy manufacturer. The latter, however, refuses to let the plaintiff participate in the turnover of the sales. The argument: In the absence of copyright protection, there is no legally enforceable claim to a share of the turnover.
So far, case law has applied a very strict standard of protectability. Should the BGH decide to change this jurisdiction, freelance designers throughout Germany would benefit from it.
22.08.2013
WE CREATE BERLIN – Invitation to the lecture evening
Together with other members of CREATE BERLIN, dtb rechtsanwälte will hold a presentation on "Design and Brand" on 28 August 2013.
Exciting lectures for the Berlin design scene in a relaxed atmosphere - that is the claim of the Berlin creative network CREATE BERLIN.
Another lecture evening will take place on 28 August 2013, 6 p.m. at the Automobil Forum Unter den Linden.
It will begin with a presentation by the BSR marketing department on the theme of the "Trenntstadt" design competition. Afterwards, dtb rechtsanwälte will focus on the multifaceted topic of "design and brand" and shed light on the procedure as well as the legal pitfalls within the framework of 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 concluding presentation of the trend research agency Güldenberg offers interesting insights into the topic of "upcycling", i.e. the recycling of discarded raw materials for the creation of new products.
Due to the limited number of places, we ask for a binding registration at assistent@create-berlin.de.
We are looking forward to your visit!
14.08.2013
Acquittal for Jonathan Meese
The district court of Kassel has acquitted the Berlin artist Jonathan Meese. The judge argued that Meese's behavior had served art.
After the magistrate had indicated several times during the last days of the trial that she wanted to sentence the 43-year-old artist to a fine, she announced his acquittal today. The defender of Meeses, Dr. Pascal Decker, in his plea mainly referred to the fact that Meeses Hitlergruß had to be interpreted on the basis of the entire circumstances of his action. The lawyer for art law said that a separate consideration of individual parts with regard to punishability was inadmissible.
Because he had shown the forbidden Hitler salute in the context of a performance, Meese had been accused of using marks of unconstitutional organizations.
More news
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2013
28.11.2013
Legal pitfalls of the causa Gurlitt
The Gurlitt case is causing a stir worldwide - not only among experts. Dr. Lucas Elmenhorst answers a number of legally complex questions in an article for the Handelsblatt.
Whatever everyone may personally assess the Gurlitt case, he suggests discussing the compatibility of morality and law. In the process, there are always questions that are legally exciting and sometimes difficult to answer. In an article for the Handelsblatt, Dr. Lucas Elmenhorst discusses the most important issues and gives an outlook on expected developments in the dispute over restitution issues.
28.11.2013
dtb rechtsanwälte achieves groundbreaking change in case law
The Federal Supreme Court has abandoned its decades of jurisdiction in copyright law and thus joined the argumentation of dtb rechtsanwälte in the appeal proceedings. Designers throughout Germany will benefit from the change. Bertold Schmidt-Thomé was the plaintiff's attorney in the proceedings.
The independent designer Heike Wiechmann and her lawyer Bertold Schmidt-Thomé fought for the plaintiff's rights for five years and went through all instances for it. At the end of the appeal proceedings, the BGH decided that Heike Wiechmann was entitled to a subsequent share in the sales of her so-called "birthday train". The BGH's decision is essentially based on the reform of the design law in 2004.
In 1998, the 49-year-old toy designer Heike Wiechmann from Lübeck had designed the so-called "birthday train" for a large German toy company and received a fee of DM 400. However, the colourful wooden train, on whose wagons can be attached candles and numbers, became a bestseller and was sold at least 200 000 times in subsequent years.
06.11.2013
16th Stuttgart Foundation Day - Invitation to the Workshop
Whoever wants to establish a foundation needs not only perseverance and financial resources, but also the necessary tools. At the 16th Stuttgart Foundation Day, foundation experts will exchange ideas with the participants in lectures and workshops and give advice on how to set up a foundation successfully. Dr. Pascal Decker will be one of the speakers on 22 November in Stuttgart.
Many foundation founders are not aware of 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 case study - DRF Stiftung Luftrettung gAG - the participants will learn how to successfully develop their own brand communication and make it usable 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 advice on how to set up a foundation successfully.
The event will take place on 22 November in the House of the Catholic Church in Stuttgart.
We look forward to your participation!
29.10.2013
BGH decision on photos taken by celebrities
The question to what extent press photos of celebrities and their children may be published is the subject of legal disputes again and again. In the current issue of the NJW, Dr. Pascal Decker and Dr. Lucas Elmenhorst deal with the latest BGH ruling in the "Ice Princess Alexandra" case.
The plaintiff is the daughter of Princess Caroline of Monaco. Without her prior consent, representatives of the press of FREIZEIT REVUE took photographs of eleven-year-old Alexandra during a riding tournament, which were published in FEIZEIT REVUE under the heading "Princess Caroline - Your Newcomer Is Like a Papa for Alexandra".
The BGH has now decided that such photos may be used in the context of a report on the sporting event even without prior consent. Neither the level of the press product nor the way of reporting play a role.
In the current issue of the NJW, Dr. Pascal Decker and Dr. Lucas Elmenhorst take a critical look at the verdict.
NJW Issue 39/2013, 2890
21.10.2013
dtb workshop – Contracts without borders
"Grenzüberschreitende Kunst und Grenzen des Vertragsrechts" - on Tuesday, 5 November 2013, from 6 p.m. in our offices at Pergamon Palais
Today, cross-border contracts characterise the business of all those active in the art trade. In cooperation with the Federal Association of German Galleries and Art Dealers (BVDG), dtb rechtsanwälte invites attorneys to the workshop
"Cross-border Art and the Limits of Contract Law".
The workshop deals with selected questions that typically arise when art crosses national borders. Questions of the choice of law and the place of jurisdiction will also be dealt with, as will customs and tax law problems. The workshop is aimed in particular at internationally active galleries who wish to deepen their knowledge of contract law.
You are welcome to send us a question in advance which 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 p.m. in our offices at Am Kupfergraben 4 in 10117 Berlin. Her speakers are Laura Schopp and Anna Kathrin Distelkamp.
Afterwards we invite you to a common snack.
We would be delighted if you would join us!
11.10.2013
dtb lecture – The most expensive work of art in the world
Recently, Paul Cézanne's painting "The Card Players" achieved a record sales price of the equivalent of 190 million euros. This makes it the most expensive painting in the world. The rising sale 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 give a lecture on the background of this phenomenon.
Overall, since the financial crisis, sales and auction records for works of art seem to be tumbling. After the painting "The Card Players", Paul Cézanne's painting "The Apples" also fetched 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 individual phenomena. Even the major German auction houses reported the best season in their company history 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 continue to be felt?
In his lecture, Dr. Lucas Elmenhorst will deal with the special functioning of the art market and will highlight the influence of the growing wealth of many collectors as well as the increasing endeavour for art as an investment.
The lecture will take place on Friday, 18 October at 1 p.m. in the "Kaisersaal" at Bellevuestrasse 1, Berlin-Tiergarten. Registration at elmenhorst@dtb.eu is requested.
13.09.2013
Design and copyright protection
The BGH has to deal with the complaint of a well-known children's book illustrator and independent toy designer. This could lead to a change in case law which would benefit freelance designers throughout Germany. Attorney Bertold Schmidt-Thomé is in charge of the proceedings.
The decision of the BGH in the case of the so-called "birthday train" has been announced for mid-November. The BGH will ask itself whether and to what extent design products may enjoy copyright protection. The plaintiff is a well-known children's book illustrator and independent game designer. Her works are among the bestsellers of a major German toy manufacturer. The latter, however, refuses to let the plaintiff participate in the turnover of the sales. The argument: In the absence of copyright protection, there is no legally enforceable claim to a share of the turnover.
So far, case law has applied a very strict standard of protectability. Should the BGH decide to change this jurisdiction, freelance designers throughout Germany would benefit from it.
22.08.2013
WE CREATE BERLIN – Invitation to the lecture evening
Together with other members of CREATE BERLIN, dtb rechtsanwälte will hold a presentation on "Design and Brand" on 28 August 2013.
Exciting lectures for the Berlin design scene in a relaxed atmosphere - that is the claim of the Berlin creative network CREATE BERLIN.
Another lecture evening will take place on 28 August 2013, 6 p.m. at the Automobil Forum Unter den Linden.
It will begin with a presentation by the BSR marketing department on the theme of the "Trenntstadt" design competition. Afterwards, dtb rechtsanwälte will focus on the multifaceted topic of "design and brand" and shed light on the procedure as well as the legal pitfalls within the framework of 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 concluding presentation of the trend research agency Güldenberg offers interesting insights into the topic of "upcycling", i.e. the recycling of discarded raw materials for the creation of new products.
Due to the limited number of places, we ask for a binding registration at assistent@create-berlin.de.
We are looking forward to your visit!
14.08.2013
Acquittal for Jonathan Meese
The district court of Kassel has acquitted the Berlin artist Jonathan Meese. The judge argued that Meese's behavior had served art.
After the magistrate had indicated several times during the last days of the trial that she wanted to sentence the 43-year-old artist to a fine, she announced his acquittal today. The defender of Meeses, Dr. Pascal Decker, in his plea mainly referred to the fact that Meeses Hitlergruß had to be interpreted on the basis of the entire circumstances of his action. The lawyer for art law said that a separate consideration of individual parts with regard to punishability was inadmissible.
Because he had shown the forbidden Hitler salute in the context of a performance, Meese had been accused of using marks of unconstitutional organizations.
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