NEWS

SimonGraeser Achieves Significant Victory for Authors’ Rights – Successful Damages Claim on Behalf of a Professional Photographer against Süddeutsche Zeitung for Failure to Credit Authorship

Munich District Court, Judgment of 24.08.2023 – 161 C 825/23

 Contents

A professional photographer, well-known in the sports and travel industry, took legal action against Süddeutsche Zeitung for using one of his photographs without crediting him as the author. The use occurred in both the print and online editions. After an out-of-court settlement respecting our client’s rights could not be reached, our client had to enforce his rights through litigation – successfully.

High Importance of the Right to be Credited as an Author

The Munich District Court ruled that Süddeutsche Zeitung had acquired the rights to the said photograph from a big image agency, but had violated the plaintiff’s right to recognition of his authorship by failing to credit him. The court clarified that our client had neither waived his right to be credited as an author nor was there any industry practice that would preclude such crediting. Furthermore, the court emphasized that a permanent and irrevocable waiver of the right to be credited as an author is not readily possible due to the close link of this right with the right to personal integrity in authorship.

High Standard of Care in the Use of Copyright-Protected Images

The court made it clear that every user of a copyright-protected photograph must ensure that the author’s right to personal integrity is respected. In this case, Süddeutsche Zeitung GmbH had trusted that image source attribution would suffice with only the mention of the image agency. However, this reliance was negligent. The court states that there is a high standard of care in copyright law, for which every user of a copyright-protected image is responsible.

Damages Awarded in Favour of the Professional Photographer

Due to the violation of the right to personal integrity in authorship, Süddeutsche Zeitung GmbH was ordered to pay damages to our client.

To the point

This judgment underscores that the user of a copyright-protected photograph cannot transfer the responsibility for complying with the right to personal integrity in authorship to others. Anyone who uses a copyright-protected photograph is responsible for their handling of it and must bear the consequences in case of a violation.

MORE NEWS
Trademark Law

AI & Branding: Europe’s brand work between “back to basics” and a GenAI leap

European marketing teams are putting branding back at the top for 2026—while GenAI is still rarely scaled broadly. At the same time, DPMA/EUIPO figures show sustained trademark activity.
Trademark Law

German Federal Court of Justice: No title protection for names of fictional film characters without an independent “life” – “Moneypenny”

The BGH clarifies: A fictional character’s name may in principle enjoy title protection—but only if the character itself is perceived as an independently “designatable” work (part) under trademark law. For “Moneypenny”, the court found insufficient individualisation and no sufficient detachment from the underlying work.
Trademark Law

GPTO enables EU-wide protection of regional products – new rights for craft and industrial goods

DPMA enables protection of geographical indications for industrial products such as knives, porcelain & watches – new EU regulation now in force.
Copyright / Design Law

Copyright protection for utilitarian objects: same test as for other works

The CJEU has held that utilitarian objects and works of applied art are protected by copyright under the same originality standard as any other category of works. It rejects a stricter threshold for everyday objects and provides detailed guidance on how national courts must assess originality and infringement in this context.
Copyright

Memorisation of AI training data infringes copyright

The Regional Court of Munich I has held that the memorisation of copyrighted training data in OpenAI’s GPT models infringes copyright. The judgment reshapes the legal framework for AI training and highlights key compliance risks for AI providers, rightsholders and companies using generative AI.

Using an outdated strikethrough price is misleading

The Wiesbaden Regional Court held that advertising with outdated, significantly higher strike-through prices is misleading and violates the German Price Indication Ordinance (PAngV) in conjunction with the UWG. Consumers understand crossed-out prices as the most recently charged price; if the reference price does not reflect that and there is no clear explanation, the ad suggests an overstated discount. Therefore, strike-through prices must be tied to the price immediately charged before the reduction.

Karin Simon
Lawyer
Certified IP Lawyer

Susanne Graeser
Lawyer
Certified IP Lawyer

Uhlandstr. 2
80336 Munich
Germany

Karin Simon
Rechtsanwältin
Fachanwältin für gewerblichen Rechtsschutz

Susanne Graeser
Rechtsanwältin
Fachanwältin für gewerblichen Rechtsschutz

Uhlandstr. 2
D-80336 München