The European Court of Justice (ECJ) has stated that framing of content (such as embedding Youtube videos or other content on blogs and other websites via link) does not violate the copyright of the author of the respective content. In particular, such framing is not considered a “making available to the public” according to the European directive on copyright in the Information Society (2001/29/EC) and section 19a of the German Copyright Act (“UrhG”). However, it can be derived from the court ruling that this applies only if the reproduction is not meant for a new audience and does not use a different reproduction technique.
Imagine, you own a cow. Someone comes to your farm, takes a photo of your cow, leaves, and a few weeks later you find this photo on some commercial website. Can you do anything against it? Do you have an exclusive right to make and distribute photos of your cow? The Local Court of Cologne decided on this situation two years ago and said: No, taking photographs of someone’s cow does not infringe on any exclusive rights of the cow’s owner, and a photographer may publish photos taken of this cow.
I mention this because a three-week old decision by the District Court of Berlin (Landgericht Berlin) I just read reminded me of this curious case. However, it seems that (absurdly) the Berlin court would have ruled in favor of the cow’s owner. Let’s take a look: Continue reading