In three decisions, the Federal Supreme Court (BGH) recently redefined the legal framework covering the relationship between these rights. Dr. Anette Gӓrtner LL.M. and Michael Plagge have co-authored an article for the Journal of Intellectual Property Law & Practice looking at the legal context and facts of these cases. The article also takes a look at and analyses the practical implications of the BGH decisions. To read more, please access the article at academic.oup.com.
Home Perspectives Art and real estate: German Federal Supreme Court balances moral rights and property rights
The legal relationship between property rights and moral rights is often a difficult one, especially when a real estate owner wishes to renovate or completely change a building. In such situations, the copyright of the architect will inevitably be affected. How can the conflicting rights be balanced?