Question from Köchli, What can I do if a broker has published pictures of my leased restaurant on the internet without my consent in Germany?
Answer from AI:
In Germany, the law protects the rights of individuals and businesses in relation to their personal and property images. If a broker has published pictures of your leased restaurant on the internet without your consent, there are several steps you can take.
Understanding Your Rights
Under the German Art Copyright Act (Kunsturhebergesetz), the owner of a property has the right to control the use of images of that property. This includes the right to prevent unauthorized publication of such images. This is known as the “right to one’s own image” or “Recht am eigenen Bild”.
Steps to Take
- Contact the Broker: The first step is to contact the broker and request that the images be removed. It’s possible that the broker is unaware of the violation and will comply with your request.
- Send a Formal Cease and Desist Letter: If the broker does not comply with your request, you may need to send a formal cease and desist letter. This letter should outline your rights under the German Art Copyright Act and demand that the images be removed.
- Legal Action: If the broker still does not comply, you may need to take legal action. This could involve filing a lawsuit for violation of your rights under the German Art Copyright Act.
Consulting a Legal Professional
While these steps provide a general guideline, it’s important to consult with a legal professional for personalized advice. A lawyer can help you understand your rights and the best course of action based on your specific situation.
For more information on the German Art Copyright Act, you can visit the German Federal Ministry of Justice and Consumer Protection website.
Remember, this information is intended to provide a general understanding of the law. It’s not intended to provide specific legal advice. Always consult with a legal professional for personalized advice.