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BGH: Copyright Inadmissibility of Drone Footage

Introduction

The Federal Court of Justice (BGH) ruled that the use of drone footage without the consent of the owner of the property being filmed constitutes a copyright infringement. This decision clarifies the legal situation regarding the use of drones and strengthens the protection of property rights.

Facts of the Case

The plaintiff owned a property in Bavaria. The defendant flew a drone over the property and took aerial photographs without the plaintiff's consent. The defendant then used the photographs for commercial purposes, including their publication in a magazine.

Legal Basis

The BGH based its decision on the German Copyright Act, which protects the exclusive rights of authors to exploit their works. The court held that the aerial photographs taken by the drone constituted a “work” within the meaning of the Copyright Act and that the defendant had infringed the plaintiff's exclusive right to reproduce and distribute the photographs by using them without his consent.

Scope of the Decision

The BGH's decision applies to all cases where drone footage is used without the consent of the owner of the property being filmed. This includes both commercial and private use. The decision also applies to footage that is taken from a public space but that captures images of private property.

Exceptions

There are a few exceptions to the general rule that drone footage requires the consent of the property owner. These exceptions include:

• When the footage is taken for journalistic or scientific purposes
• When the footage is taken from a public space and does not capture images of private property
• When the owner of the property has consented to the use of the footage

Consequences of the Decision

The BGH's decision has significant implications for the use of drones. It means that drone operators must obtain the consent of the property owner before flying over their property and taking aerial photographs. Failure to obtain consent could result in a copyright infringement lawsuit.

Conclusion

The BGH's decision is a landmark ruling that clarifies the legal situation regarding the use of drones. It strengthens the protection of property rights and provides guidance to drone operators on how to avoid copyright infringement.