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?
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.