Why Using a Photo Wallpaper Can Become Expensive

Copyright

by Jürgen MoorsMarch 21^st, 2023

CineD is always proud to bring you our honest and unbiased reviews about a variety of film gear, camera lab tests, interesting lens and camera Databases, inspiring Gear Guides, entertaining industry insights, and, of course, educational content so you can become a better filmmaker. But this story is different: have you ever thought about what could happen when you shoot a photo wallpaper without paying attention to copyright? So let’s find out.

Shooting an interview

Imagine you have to shoot an interview for your new film project and, for authenticity, you suggest doing the interview at the subject’s home. You have likely done this many times without giving it much thought.

You focus on creating a beautiful setting, paying attention to the lighting and, of course, the ambient noise so you can record good, clear sound. The most important thing when doing an interview is that everyone involved feels comfortable. There should be a pleasant atmosphere where you can talk easily and undisturbed. Your batteries are charged, your memory cards are empty, and you are ready to record. So what on earth could possibly go wrong?

Some harmless tulips in the background?

This incident occurred in Germany and the interview shoot appears harmless at first, but a court ruling that has just been made public is currently causing a lot of stir: the landlord of a holiday apartment has been successfully sued for legal damages because one of the photos she used to advertise her apartment on vacation portals showed photo wallpaper with a tulip motif in the background.

The photographer of the motif sued for unauthorized use, and he won. The court ruled in favor of the photographer, stating that although he had granted a license to use his motif to the creator of the photo wallpaper, this did not mean that he had also given rights to the person purchasing the wallpaper, allowing them to display it publicly on the internet.

Put simply, if you film your interview in someone’s home, and there is photo wallpaper in the background that you overlooked or ignored, you could get into trouble and it might be expensive!

Copyright court decision

The German court ruled that the prominently placed wallpaper with the tulip motif had created a certain mood for the advertised guest room and, therefore, the wallpaper was not a legally permitted accessory. The defendant was ordered to pay legal fees of around €1.000 (plus interest) with a total object value of €20.000. Just by comparison, the photo wallpaper only cost €13,50.

The court did not consider the contradiction between its interpretation of the accessory exception of German copyright law and article 10 of the European Convention on Human Rights, which guarantees the right to freedom of expression. Wallpaper cannot be removed from the wall without destruction. In such cases, a narrow interpretation of the accessory exception can quickly lead to the idea that visual expression is no longer legal on the internet.

Copyright infringement

We don’t want to sound like lawyers here at CineD; we are filmmakers like you! Unfortunately, we have to take copyright infringement seriously. Let’s go back to the conditions of an interview situation – not only the images in the background of a video could be affected, but it could also include objects like designer chairs, or even the artwork of your subject’s tattoo. The copyright holders of these objects feel that their usage rights have been violated. The costs for issuing a warning are usually very high and often amount to several thousand Euros each.

The court’s decision demonstrates how the overly strict copyright law no longer provides a fair balance of interest among the parties involved. The consequences of such court rulings, as well as the costly warnings, are significant and they burden the filmmakers with a tremendous task. If filming is to take place in a normal environment, such as a private living room and not in front of a green screen, the items in the room must be closely examined. Otherwise, the financial risk could be incalculable.

Final conclusion on copyright

The court decision regarding the tulip photo wallpaper was decided under German copyright law. The legal situation surrounding your film projects may differ depending on your country or region, but you must know the applicable laws and regulations.

Take some time to research the situation and potential copyright infringements to ensure your legal safety so you can concentrate on your creative work and not on potential disputes.

Have you ever had unexpected problems with copyright infringements on your film projects? Do you think this was a fair decision for the photographer and his tulip photo wallpaper? Please leave us your thoughts in the comment section below.