What does framing mean?
Framing is a web design technique in which the content of a website is divided into several areas or “frames”. In this frame, another website’s content can be displayed via a clickable link. It is therefore a method of presenting links or links to external websites within your own website.
Facts of the case
The plaintiff is a photo agency that held the rights of use to the photos showing the FDP politician Christian Lindner. The photos in dispute dealt with a violation by Christian Lindner of the coronavirus rules in force at the time. These photos were published without permission on X (formerly Twitter) by a third party. The defendant, a public television station, used the photos on its website by framing them. The rights holder considered this type of integration (framing) to be a copyright infringement and filed an action for injunctive relief.
Decision of the KG Berlin
The KG Berlin dismissed the action as the actions of the public television broadcaster were permitted by the statutory limit of Section 50 of the German Copyright Act (reporting on current events). According to the judges, the framing was necessary, appropriate and proportionate, as the reporting concerned the corona rules in force at the time and any violations by politicians. The balancing of interests showed that freedom of expression and freedom of the press (Art. 5 (I) 1 and 2 German Constitution (GG)) took precedence, so that the exclusive right of communication to the public protected by the plaintiff under Art. 14 I GG had to take a back seat.
To the point
The framing of the public broadcaster was permissible here under the so-called press privilege Section 50 of the German Copyright Act (reporting on daily events, so-called press privilege). However, the judgment of the KG does not provide a practicable or generally applicable solution for the framing of links. However, there is a ray of hope: With the new Copyright Service Provider Act (UrhDaG), links by public broadcasters to content on platform X could become largely unobjectionable, provided that they are considered non-commercial.
