Expensive paparazzi photo to Bild am Sonntag
The publisher of the weekly Bild am Sonntag has to pay € 50,000 license fee to a 75-year-old photographer, because it published in any manner a paparazzi photo along with articles by him and his wife in their paper. The photo shows the photographer with his wife on his yacht when he reads the image on Sunday. The article next to the photo just stressed the fact that the photographer "as more than eleven millions of other German and" the Bild am Sonntag regularly reads. The photographer then got a fee of 50,000 € for the advertising was collecting the photos and article . The reason was the Ruling, that the publisher has interfered unlawfully in his general right to privacy and his right to their own image and has become an asset to its cost advantage. The image and accompanying text presents the photographer in an obvious situation of the private public, in which he could expect to be unobserved. In contrast, there is only a small privileged information of general interest. Even if it is the photographer for a prominent person of a certain historical significance, the right to protection outweighs the personal sphere to the public interest. Also exacerbates the high attention value Article added. He was in large format in a prominent place on the last page of the newspaper. (OLG Hamburg, Judgement of 08.10.2010, Az: 7 U 130/09)
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