Aerial photos of buildings covered by freedom of panorama

In a recent decision, the judges at Frankfurt am Main Regional Court contradict the prevailing legal opinion on freedom of panorama. The case was triggered by a legal dispute between the constructor of the „Lahntalbrücke Limburg“ bridge and a photographer. The latter had taken pictures of the bridge with a drone and made them publicly available online. In the court’s view, this use is covered by the restriction in Section 59 para. 1 UrhG. The freedom of panorama must be assessed in accordance with European law on the basis of Art. 5 para. 3 lit. c) InfoSoc Directive. It cannot be inferred from the wording there that the photographer himself must be in a publicly accessible place. This only has to apply to the building. In any case, the airspace is publicly accessible in this sense. The use of modern technology, e.g. drones or telephoto lenses, cannot restrict the freedom of panorama either, because such a restriction is not laid down in the InfoSoc Directive and would in any case not take into account the technical developments of recent years (Regional Court of Frankfurt am Main, judgment of November 25, 2020, Ref.: 2-06 O 136/20).

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