The magazine "Have fun" had published a well-known personality on its front page, without however to ask for permission. Almost a year later, she used this cover to several weeks to campaign for "fun" in the magazine "Fortune Revue" .
This displeased the celebrity, he urged, and demanded omission from what the magazine, however, rejected. On the subsequent action, it ruled the District Court of Cologne, that the photo had been used apparently only to exploit the commercial value of celebrities and on the advertised product to pass - would have the magazine not to its image advertising dürfen.Die magazine filed an appeal and has had a Higher Regional Court of Cologne hearing. This confirmed the journal Judgement on 02/22/2011, file number: 15 U 133/10, to have signed legally: The publication of the advertisement did not constitute an illegal violation of privacy and a violation of the plaintiff, not to his or her rights. be weighed
had in this particular case the information interests the public and the press freedom ( Article 5, paragraph 1 of the Basic Law ) for the magazine on the one hand and the interest of celebrities in the protection of his personality ( Article 1, paragraph 1 , Article 2, paragraph 1 of the Basic Law ) on the other.
have indeed given the celebrity of the consent to the picture on the front page no (implied) consent to the advertisements with the photo. But should the magazine be given the right to promote their own products.
"advertise that publishers with the stamp of previously released covers for their magazines, is well known and quite current publishing practices."This applies above all because it was shown in the advertisement title page as a kind of typical representation of the contents of the paper was meant:
"to the satisfaction of the Senate shall be communicated to the display, such as a previously released cover of the magazine" Have fun "exemplary looks like and what content the magazine. The ad conveys that the magazine of entertainment and relaxation is for everyone. This follows from the fact that is literally played in the ad that they are in "short holiday break" can read well, they inexpensive (0.69 cents) and it takes little time to read them. [...] The use of the actual title page is also available for that the magazine contains stories about the plaintiff and similar personalities. "
The communication of content and design of a magazine as well as the intended audience are also of great general interest because the publishers imagine the advertising display his press products and inform about this. Man could see the front page not that the person portrayed identifies with the magazine stand for it, the editor of the magazine had been permitted to take a different cover for their advertising -. they would not have to resort to a unimaged title page, because then the advertising would be just for the services of their subjects into Empty gone.
The court admitted the revision, since the question remained open whether the long period between the appearance of the title page and the advertising of this is not a change in law was given:
"Whether and to what extent a promotion time limited to be in order not to violate the privacy rights of the person affected, the supreme court previously decided not the case that advertising is done for a previously published journal by the image of a previously published title page. Of fundamental importance to be expected, whether and under what conditions such a 'first permissible advertising campaign after a certain time is illegal, because the scope of the campaign violated the general right to "
0 comments:
Post a Comment