Photographer Sues Woman Over Her 90-Year-Old Grandmother’s Wallpaper

The Unexpected Case of Copyright Infringement Over a Photograph-Based Wallpaper

In a surprising turn of events, a photographer has taken legal action against a woman who posted an image of her grandmother’s apartment, which included a photo-based wallpaper featuring his work, on a vacation rental website. This case highlights the complexities and sometimes unexpected applications of copyright law.

In 2012, the grandmother renovated her apartment and legally purchased a wallpaper that featured images taken by photographer Stefan Böhme. The wallpaper, adorned with a close-up image of unevenly stacked rectangular stones in various shades of grey and brown, became a focal point in her home.

Three years later, the grandmother, then 90 years old, moved in with her granddaughter due to her inability to live alone. To manage the costs of caring for her elderly grandmother, the granddaughter began renting out the apartment as a vacation property. She listed the property on a rental website, including photos of the apartment that showcased the unique wallpaper.

Eight years later, the granddaughter received a warning letter from a Canadian company, accusing her of copyright infringement. The letter claimed that by posting an image of the room featuring Böhme’s wallpaper, she had violated copyright law. The company demanded the removal of the image and compensation for the unauthorized use.

According to reports by German news publication Heis.de, the photographer is now suing the granddaughter in the Cologne Regional Court in Germany. Böhme alleges that while he may have authorized the printing of his photo on the wallpaper, he did not authorize the reproduction of the photo on the wall in the image posted on the rental website. He claims that the act of making the photo available online constitutes an infringement of his copyright.

Additionally, Böhme is asserting that the grandmother infringed his moral rights by failing to identify him as the photographer behind the wallpaper on the rental website. This lack of credit, he argues, is a violation of his right to be recognized as the creator of the work.

This is not the first time Böhme has pursued legal action over his photo-based wallpaper. According to Heis.de, he has been sending out warning letters and filing lawsuits in Germany against upholsterers who install his wallpaper and document their work online. His legal efforts in Düsseldorf and Stuttgart courts were unsuccessful. The courts ruled that by selling the wallpaper, Böhme had implicitly granted a license for its use. Furthermore, they deemed his lawsuits an abuse of rights.

However, Böhme did achieve a legal victory in a similar case last year at the Cologne Regional Court. The court ruled in favor of Böhme in a lawsuit against another landlady of a vacation apartment, setting a precedent that Böhme hopes will bolster his current case.

The upcoming hearing at the Cologne Regional Court on June 27 is crucial for both parties. Böhme is seeking recognition and enforcement of his copyright claims, while the granddaughter is defending her use of the wallpaper as lawful and non-infringing.

The court will need to balance the strict duty of care in copyright cases with the practical realities of purchasing and using commercially available products. The outcome of this case could have broader implications for how copyright law is interpreted and enforced in similar situations.

This case underscores the importance of understanding copyright laws and their potential implications, even in seemingly straightforward situations. It also highlights the need for clear agreements and attributions when using copyrighted materials, particularly in commercial contexts.

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Vertical Bar Media

For individuals and businesses navigating the complexities of digital media and copyright law, seeking expert guidance is essential. Vertical Bar Media offers comprehensive digital marketing services to help you stay compliant and protect your creative assets. Contact us today to learn more about how we can support your business in navigating these challenges.

Source: PetaPixel

Photo Credit: Deposit Photos

Social Media Hashtags: #CopyrightLaw #PhotographerLawsuit #DigitalRights #IntellectualProperty

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