The exception of Sec. 53(1) of the Copyright Act is not to be construed restrictively such that it merely permits a reproduction of published works. Such a construction is appropriate in the light neither of the corresponding restrictions on other exceptions nor of the constitutional right of freedom of art nor of Art. 5(2)(a) of Directive 2001/29/EEC on the Harmonisation of certain aspects of copyright and related rights in the information society.
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Decision of the Federal Supreme Court (Bundesgerichtshof) 19 March 2014 – Case No. I ZR 35/13. “Portrait Art (Porträtkunst)”. IIC 45, 981–984 (2014). https://doi.org/10.1007/s40319-014-0288-6
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DOI: https://doi.org/10.1007/s40319-014-0288-6