[10:22 Sun,5.March 2023 by Thomas Richter]
Guaranteed royalty-free - AI-generated tulips for a photo wallpaper.
The defendant pleaded that the photo wallpaper on the photos of the vacation apartment posted on the net was only a (legally permitted) accessory. The court, however, found that this was only the case if the photo wallpaper with the photos of the plaintiff depicted on it in a large area could not be omitted or replaced without this being noticeable to the average viewer.
Since the wallpaper with the tulip motifs prominently placed in the photo of the room is rather perceived by the viewer as belonging to the overall concept and is atmospheric for the advertised guest room, this would not be the case here.Therefore, the defendant was ordered to pay warning costs of around 1,000 euros (plus interest) with an object value totaling 20,000 euros. For comparison: the photo wallpaper had cost 13.50 euros.
Guaranteed royalty-free - AI-generated flowers for a photo wallpaper
Similarly the case of the business Whiskytruhe, on whose YouTube videos beside the commodity likewise a photo wallpaper was to be seen. Here, a warning notice for around 5,000 euros (plus own attorney&s fees) was received. The warning costs were also increased by the accusation that the photographer responsible for the motif was not named as the author.
In other cases, it is not only images appearing in the background of a photo or video posted on the Internet that are affected, but also other objects such as designer chairs, whose authors feel that their rights have been infringed. The warning costs amount to several thousand euros in each case.
Guaranteed royalty-free - AI-generated chair
Many observers are annoyed by the disproportionate nature of such claims: amounts in dispute are set at many 10,000 euros and lead to correspondingly high warning costs that are out of all proportion. And completely unrealistic is also the requirement of the court that before uploading photos or videos into the net first a license is clarified for each object appearing in the background, which could be potentially protected as a work of art by copyright (be it a photo, painting, a graphic, a sculpture or a piece of furniture) and whose originator could otherwise see himself injured in his right and sue.
The consequences of such court rulings (and also of the cost-reinforced warnings) are great, since they impose a huge burden on photographers and filmmakers, who are supposed to film in a normal environment, e.g. a living room, and not in front of a green screen. Otherwise, the financial risk is incalculable.
Guaranteed royalty-free - AI-generated flowers
Theoretically, backgrounds, objects and images created by image AI could provide a solution here in four cases, as these are not protected by copyright under current law, since copyright only applies to the personal intellectual creations of a human being. Object-based photo or video editing by AI could be used to selectively replace all objects that may be subject to copyright in an image or video with AI-generated ones. Likewise, manufacturers of photo wallpapers could decorate them with AI-produced motifs that would not be subject to ancillary copyright and would thus be guaranteed not to result in any copyright infringement.
more infos at bei www.anwalt.de
deutsche Version dieser Seite: Das könnte teuer werden: Achtung beim Filmdreh oder Fotoshooting vor Fototapeten