For those of us trying to follow art law developments in Germany, particularly to get access to original source and court documents in German, Peter Bert’s Dispute Resolution in Germany Blog is a terrific source. Between the Hans Sachs collection case and the contuing fallout from the Wolfgang Beltracchi forgery scandal and the fictional “Jägers Collection,” Germany has had a busy year of art law prominence, particularly with regard to forgery issues. Two recent posts bear reading, both of which attach the original court opinions in German, for their interesting analysis.
The first concerns the recent finding by a Düsseldorf court that the auction house Lempertz bears responsibility to a defrauded buyer of the painting “Red Painting with Horses” (Rotes Bild mit Pferden), described as a lost work of Heinrich Campendonk. Lempertz has stated its intention to appeal.
The second post concerns another order in Düsseldorf compelling the destruction of a painting that the court found to be an unauthorized reproduction of a Jörg Immendorf painting, rather than an original. As the Dispute Resolution in Germany blog points out, under German copyright law (Urhebergesetz), a plaintiff can request destruction of an infringing work, to be considered based on the proportionality of that severe remedy.
Both posts, and the blog, are highly commended.