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

The certificate course Curating imparts sound knowledge for curatorial practice through experienced specialist lecturers, individual advice and visits to exhibition venues. On seminars, excursions and forums you can learn all steps from the Idde, over planning to the conversion by concrete case examples.
The training 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.

One of your speakers is Anna Kathrin Distelkamp from dtb rechtsanwälte.
Duration: 26 February - 21 May 2016
Times: Friday and Saturday: 9 - 18 and 19 o'clock respectively
The closing date for applications is 29 January 2016.
We would be pleased if you would join us!

Libraries are allowed to make books digitally accessible - this was decided by the BGH in April. The reasons for the decision have now been given. Our partner and lawyer Bertold Schmidt-Thomé explains what this ruling means for publishers.

Libraries may offer books at electronic reading stations. This was decided by the Federal Supreme Court in April and thus proved the TU Darmstadt right. In 2010, a publisher had filed an action for injunction because the university made books available digitally to the students - including those of the suing publisher - but had refused to obtain the e-book published by the publisher. The BGH's statement of reasons is now available. In essence, it is that it cannot be assumed without further ado that the users of the reading stations illegally reproduce the works. Printing or saving for private purposes is permissible. (Az. I ZR 69/11).
"Even if a user is involved here, the core of the dispute is again the appropriate remuneration of the authors. The legal regulation on which the BGH bases its decision makes it more difficult for publishers to prevent the distribution of illegal digital copies of their works at source if there is no other contractual agreement.
Publishers must now attempt to enforce a prohibition on reproduction in accordance with §§ 52b, 53 UrhG by means of their contractual conditions vis-à-vis public purchasers, such as university libraries. It must also be ensured that such contractual conditions are also effective when accepted via the book trade. At the same time, claims for injunctive relief against Internet portals which distribute privately stored digital copies of works must be examined for inadmissible commercial reproduction (business model content vs. advertising).
Bertold Schmidt-Thomé

The verdict

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

"Finally, there is a draft basis that can be talked about. The published version contains not only the text of the law, but also the entire draft bill with explanatory memorandum in the appendix. It is a strongly changed draft, which has been revised in almost all important points. Mrs Grütters has implemented what she announced. Namely, to listen. As far as the content is concerned, many concerns have been taken on board and regulations have been relaxed. However, there is still a tendency to restrict the rights of private individuals and trade. The law is thus consistently in line with the current legislation restricting civil liberties. Now the readings in the Bundestag and Bundesrat follow. In addition a further hearing round follows. It will remain thus further exciting.

For ten years now, the German Cultural Promotion Prize has been honouring special projects by companies in the cultural sector. This year, dtb rechtsanwälte is also among the applicants.

Once a year, the Kulturkreis der deutschen Wirtschaft im BDI e. V. (Cultural Circle of the German Economy in the BDI), together with its partners Süddeutsche Zeitung and Handelsblatt, awards the German Cultural Promotion Prize - a nationwide award for entrepreneurial cultural commitment.
This year, dtb rechtsanwälte applied with the magazine "art value - Positionen zum Wert der Kunst". art value is an interdisciplinary specialist magazine on questions of appreciation of art, which has been sponsored by dtb rechtsanwälte since 2007. Experts from various fields of knowledge discuss aesthetic, political, ideological and economic criteria that can be used to evaluate art.
The prizes will be awarded at a gala ceremony in November 2015 in Berlin.

More information

"The nationalisation 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. You can read more about it here.

The planned amendment of the Kultugutschutzgesetz is still being discussed. A press conference held last week by Monika Grütters (CDU), Minister of State for Culture and the Media, was intended to objectify the debate. This has happened in part, and positive voices can also be heard - yet 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.

Berlin-based lawyer Lucas Elmenhorst and dtb rechtsanwälte go their separate ways.

After four successful years, Lucas Elmenhorst and dtb rechtsanwälte decided by mutual agreement to terminate the employment contract.
"dtb rechtsanwälte and Lucas Elmenhorst worked together successfully for four years. We thank him for this. He will continue to qualify as a notary in the coming months and we wish Lucas every success at his new place of work," says Dr. Pascal Decker, founding partner of dtb rechtsanwälte.

Everyone agrees that the protection of cultural property is important. Nevertheless, the amendment of the Cultural Property Protection Act is being strongly debated. Why?
The planned amendment is a new law that will combine the existing laws, the Cultural Property Protection Act and the Cultural Property Restitution Act. The amendment is also justified by the fact that the German protection of cultural property is to be adapted to international standards. It is planned to tighten the import and export regulations for cultural property and to formulate clear duties of care for the acquisition of cultural property. The modification will be initiated by Monika Grütters, Minister of State for Culture and the Media, and is scheduled to come into force at the beginning of 2016. The ministry takes the view that Germany's position as an art trade location will be strengthened by stricter regulations. Recent incidents of counterfeiting and fraud have caused negative headlines.
Permitted offences to be banned
The regulation on the export of cultural goods associated with the draft law is particularly controversial. Up to now, particularly important cultural assets have been listed by each federal state in a "Directory of Nationally Valuable Cultural Assets". If one of these registered cultural assets were to be exported, an official permit would be required. Above all, the lack of initiative with which this register was kept was the reason why the export of cultural property could only be prevented in a few cases because of an entry in the register. The draft law is now intended to counter this with stricter export regulations. The draft law envisages making the export of nationally valuable cultural property subject to a general licensing requirement. However, the question of how to determine what is of national value remains open for the time being. The planned regulation would affect private collectors and galleries in particular, as state museums would be exempted from the obligation to obtain a permit. The fact that Germany as an art trade location also depends on the exchange of private collections on the international market is disregarded.
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, noted our partner and lawyer Bertold Schmidt-Thomé in the newspaper Die Welt. In England, for example, there is instead a so-called pre-emptive right of the state, which enables the country to acquire the cultural property within a period of time. If this does not happen, the owner is free to dispose of it. This is not provided for in Germany. So the question arises: does it make sense to make the transfer of cultural property more difficult?

A tailor-made brand architecture is a prerequisite for successful companies. It is not easy to keep track of registered trademarks. dtb rechtsanwälte and the agency for brand communication PLEX designed ChequeB for this purpose. Click here for the video.

Companies often have a large number of registered trademarks - but they have lost track of them. Thus they do not only misjudge the potential of the individual brands, but are also vulnerable on the market. Often registered trademarks are no longer up to date.

Two apparently unequal concepts from different worlds. And yet there are many points of contact. Our attorneys Dr. Pascal Decker, Nicole Schmidt and Anna Kathrin Distelkamp work these out in their workshop at the German Fundraising Congress.

The competition for donations is increasingly bringing charitable organizations into the public eye. It happens that freeloaders hang on the good reputation of the organizations and brands are copied. Competition and trademark law are efficient instruments to defend oneself against them. A strong brand strategy supports market positioning and ensures a monopoly on words, slogans, images and other signs.
The choice of legal form is also crucial for non-profit organisations. In their workshop "Non-profitability and Competition", our lawyers explain how legal forms can be effectively agreed for different fields of activity and how they can protect themselves in competition.

German Fundraising Congress 2015
Time: 19 - 21 May 2015
Location: andel's Hotel Berlin, Landsberger Allee 106, 10369 Berlin

During the Munich Literature Festival 2014 the artist Jonathan Meese showed the Hitler salute and was sued. His gesture is to be regarded as a performance - the Munich Regional Court has now decided to discontinue the proceedings. Our lawyer Dr. Pascal Decker represents the artist.

Jonathan Meese was a guest at the Literaturfest Munich on November 21, 2014, to perform a performance on the theme "Dictatorship of Art". During his performance, the artist spoke about the recent dismissal of his Parsifal production in Bayreuth and then spoke about the main theme of the evening. Meanwhile he showed the 'Hitler salute' in some places.
"This performance is to be regarded as a performance and thus a work of art," his lawyer Dr. Pascal Decker comments on the case. He argued that Meese's behavior should be evaluated with regard to artistic freedom. Jonathan Meese is successful nationally and internationally as one of the most important contemporary German artists and is known for repeatedly addressing personalities of world history and myths in his works. "The organizers and the public who spent €12 on a ticket knew what to expect," argues Dr. Decker. This is the fourth trial against the artist, which ends with an acquittal.

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

It was a beautiful and stimulating evening - the guests of the kunst.kabinett agreed. The speaker of the evening, Tilman Kriesel, devoted himself to the planned topic "Art and Philanthropy". In his lecture, the art consultant gave an insight into the life of his grandfather Dr. Bernhard Sprengel, the chocolate manufacturer who developed into an important art collector and founded the Sprengel Museum in Hanover. In addition to interesting anecdotes, the bridge between art and nature conservation was also built. According to Tilman Kriesel, passion is needed to be committed and effective in both areas.
The kunst.kabinett format is organised by dtb rechtsanwälte four times a year. On a small scale, guests and speakers can exchange ideas 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 as well as board member of the young circle of friends of the Sprengel Museum Hannover 'sprengels.net'.

Trading digital art is not an easy task. Because these works of art lack the appeal of the rare that makes material works of art interesting. The entrepreneur and artist Stephan Vogler has now developed a solution in cooperation with dtb rechtsanwälte and with the help of Bitcoin technology.

Digital art is often difficult to maintain on the international market. One reason for this is that it seems to be retrievable any number of times, making it difficult to act. Stephan Vogler and dtb rechtsanwälte have developed a novel license that transforms rights of use 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 third parties, 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.

Also this year the Art Congress Cologne will take place during the Art Cologne. Our lawyer Dr. Lucas Elmenhorst will be present at the conference as an art market expert and will talk about the authenticity of works of art.

"The art market of the 21st century in the field of tension between transparency, acceleration and globality" 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 fiscal framework conditions.
The panel on the legal acquisition of works of art - the increasing importance of purchase 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, after a keynote lecture on the authenticity of works of art, will discuss this topic with the other speakers and the audience.
The Art Congress Cologne is aimed at private collectors, art lovers, professional art market participants as well as institutions, banks and family offices.
Date: April 17, 2015

The new summer semester begins in Berlin. Our lawyer Dr. Mara Wantuch-Thole will once again provide insights into the legal sciences at Freie Universität Berlin this year.

The interdisciplinary seminar for students of art history and law is devoted to the question of how law regulates the relationships between the various actors of the "art world. The event is divided into two main topics: Legal questions of copyright law and legal questions of museum and art market practice.
Dr. Wantuch-Thole teaches together with Dr. Friederike Gräfin von Brühl, K&L Gates.

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

Getting a foothold in Berlin's cultural scene is no easy task, especially for newcomers to the profession and cross-country skiers. The Kulturförderpunkt Berlin organized a network event in mid-March to provide assistance. One of the speakers was our lawyer Anna Kathrin Distelkamp.

All beginning is heavy. This also applies to artists who want to establish themselves in the Berlin cultural scene. Before they can start planning their own projects, there are fundamental questions to clarify: Which legal form is the right one and which funding possibilities are there?
The Kulturförderpunkt Berlin organized the event "How do I start? First Steps in the Free 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 is a guest at a Pax-Bank foundation event. The topic is the importance of branding for the identity of foundations.

Under the title "What makes our foundation special - or: Why should anyone give us their money?", Pax-Bank invites us in mid-April to discuss together what makes each foundation special, how to highlight it and how to live it as a brand.
Christian Schlimok, Managing Director of Novamondo GmbH, and our lawyer Dr. Pascal Decker will discuss the topic from a communicative and legal point of view.

Time: 17 April 2015, 13 - 17.30 hours
Location: Stuttgart
Participation fee: 50€ each

When art is awarded, many participants are involved in the process: Collectors, museums, shipping companies, galleries and the public. What needs to be taken into account 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 oldest art fair in the world. This year the fair will take place from 16 - 19 April.
During the fair many events deal with topics around art and art trade. The 4th Kölner Kunstversicherungsgespräch deals with the loan of works of art. Zilkens Fine Art Insurancebroker invites experts on the first day of the fair to discuss, among other things, the effects of loan agreements and experience with exhibition venues. Our lawyer Dr. Lucas Elmenhorst will also be represented on the podium.

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

According to press reports, militant groups earn their money by selling looted art illegally, among other things. Western governments are now trying to take joint action. Our lawyer Mara Wantuch-Thole examines in her doctoral thesis how stolen cultural assets can be prosecuted across national borders and includes the results of international agreements.

According to media reports, the terror regime in the Middle East is largely financed by the illegal trade in cultural goods from Syria and Iraq. According to British MEP Robert Jenrick, this is "the biggest plunder since the Second World War". An agreement is now under discussion between Great Britain and the USA to take joint action against the illegal import of cultural goods. In Germany the renewal of the cultural property law promises stricter measures against the illegal trade with cultural property as well as a facilitation of the enforceability of publication requirements. The amendment is to come into force at the beginning of 2016.

In her book "Cultural Property in Cross-Border Litigation", our colleague Dr. Mara Wantuch-Thole examines in detail the issue of the protection of cultural property by investigating the enforceability of claims against illegally excavated, exported or stolen cultural property. The recently enacted Syria Directive and the Iraq UN Resolution of 2003 are also explained.

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

At the end of April, the fourth edition of the Forum Verbandmarketing und -kommunikation will take place in Cologne. Lectures and workshops will discuss the successful implementation of campaigns, how to deal with crisis situations and how press work can be successful even with limited resources.
Association logo in brand communication
Our lawyer Nicole Schmidt and Christian Schlimok, managing director of Novamondo GmbH, will hold a workshop on the topic "From association logo to brand communication". The speakers will discuss what constitutes a successful external appearance, how quality and differentiation features can be optimally communicated and what plays a role alongside visual factors - according to the subtitle of the workshop: What really gets stuck in the minds of the members.

Date: 28/29 April 2015
Registrations received by 20 March 2015 will receive a
Discount of 100 €.
We are pleased if you are there.

The second edition of the law firm boutique salon was again well attended and offered the participating law firms the opportunity to develop 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.

After the successful start of the first meeting at the end of November, around 30 representatives of various law firms met 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 lecture with the provocative title "Garantiert uninteressant - wie Sie sicherstellen, dass Medien Sie garantiert nicht liegen".
Afterwards, the participants had time to exchange ideas and enjoy the outlook.

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

In February, the three-month curating course at the Berlin University of the Arts will once again begin. The course is aimed at all those who wish to practice curating on a part-time or full-time basis, as well as at decision-makers from public institutions and companies. One of the lecturers is Anna Kathrin Distelkamp.
The registration deadline is 30 January 2015.
The certificate course curating mediates by experienced Fachdozentinnen and - lecturers, individual consultation and attendance of exhibition places, founded knowledge for curatorial practice. On seminars, excursions and forums you can learn all steps from the Idde, over planning to the conversion by concrete case examples.
The further education is divided into five modules, each of which can be attended by
2 days take place. Within three months you will receive a compact overview of the current fields of curating.
One of your speakers is Anna Kathrin Distelkamp from dtb rechtsanwälte.

Duration: 27 February - 09 May 2015
Times: Friday and Saturday: 9 - 18 and 19 o'clock respectively
The closing date for applications is 30 January 2015.
Unfortunately, there are only waiting list places available at the moment.
We would be delighted if you would join us!