wwp@yahoogroups.com:
Re: To the Members of the WWP
Thomas 2008-Jun-06 11:46:00
Dear Mr. Lintermann,
just to ask a stupid Question.
Where is the Sch?pfungsh?he, which differs a technical Installation
from Art?
The ZKM used Art from other Artists, payed a Company to make a
technical installation with the background to sell this "Globorama"
product to clients. Where is the non commercial use?
I can not see in anway where there is even a bit of artistery in that
project.
So I really doubt that the stealing of the panoramas is protectet by
?52. This also shows the number of partners which you have with this
project. All with economic interests. Really stange for Art. So I
would call the Goborama exhibiton more as a sort of making
advertisement to sell a product. As your partner is announcing it on
his website.
Also ?52 is stating "(3) ?ffentliche b?hnenm??ige Darstellungen,
?ffentliche Zug?nglichmachungen und Funksendungen eines Werkes sowie
?ffentliche Vorf?hrungen eines Filmwerks sind stets nur mit
Einwilligung des Berechtigten zul?ssig."
(Public showing of a peace of art or public film showing is only
allowed with the permission of the copyright holder)
You did what in part 3 of the law is decribed and you did it without
any permission.
Also $52a also clearly is stating that the ZKM has broken the law.
And again the Globorama project is a pure economic project so these
laws are anyway not valid for this case. As 52a also is stating that
only a small part for use is allowed. The ZKM has stolen the whole WWP
project, this is in no way a small part.
The next question is, why have the ZKM even ask later about permission
when none is needed?
And why does the ZKM stating in its brochure that there is a
colaboration between WWP and ZKM, which is definetly a lie? This led
directly that you where fully aware what the ZKM has done and just
thought the community will not realise it.
I hope you will come up with a good solution for us, just imgine the
costs for the ZKM and the negative publicity when it must handle
several hundred cases at court with all those photographers.
Very strange statement
Thomas Mottl
Am 06.06.2008 um 13:00 schrieb Bernd Lintermann:
> Dear Members of the World Wide Panorama Project,
>
> we sincerely regret that our ?Globorama? project has led to
> irritations and -in part- to very impetuous reactions within the
> community. We, who were working on this project, acted on the
> assumption that we were authorized to use these works based on ?52
> of the German copyright law, which permits the non-commercial use of
> works without the expressed prior consent of the artist.
>
> Due to the objections the ZKM has received, the use of the images
> has been stopped immediately. Out of respect for you as artists we
> have since then not shown and will not show any of your images
> without your explicit permission.
>
> At this time, we are processing all the inquiries we have received
> and we will make every effort to find a feasible solution for all
> parties involved. We are currently preparing replies to all the
> artists, who have contacted us so far.
>
> We are happy about the constructive suggestions of Mr. Yuval Levy to
> find a sustainable solution, which hopefully serves all interests.
> It also has been suggested to initiate a joint project. We are
> currently investigating some ideas and will put them up for
> discussion in the near future. Because of the complexity of the
> issue it will take some more time. We hope that this makes the
> situation at this point more transparent for you and apologize for
> any delays.
>
> Sincerely,
>
> Bernd Lintermann
>
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