This judgement raises more questions than it clarifies. As the Federal Court of Justice recently ruled Photos and Videos, made with a Drone are not covered by the provisions of Section 59 of the Copyright Act. The so-called "freedom of panorama" ensures that works protected by copyright "which are permanently located on public paths, streets or squares" may form part of photographs that are commercially exploited. The judges in Karlsruhe have now ruled that this is only the case if works of art and buildings or other works of art that are protected by the Copyright are "part of the street scene or landscape visible to the general public". In the opinion of the First Civil Senate of the Federal Court of Justice, this is no longer the case if a drone is used.
For many UASThe consequences of the decision for many UAS-based business models are not yet fully foreseeable. We are therefore demanding that all questions arising from this decision be answered immediately with legal certainty. For example, whether thermal images, orthophotos and 3D maps made possible by UAS with corresponding sensor technology are to be classified as means of painting and graphics within the meaning of Section 59 of the Copyright Act or are to be classified as photographs. thermal images, orthophotos and 3D maps are to be categorised as means of painting and graphics within the meaning of §59 of the Copyright Act or fall under the category of photographs.
After reviewing the reasons for the judgement, the UAV DACH Advisory Committee and the Legal Advisory Board of the Association for Unmanned Aviation will discuss the next steps. However, it is already clear that German and, if necessary, European law must be adapted to changing technical conditions and that reliable regulations for commercial drone use must be found in the interests of legal certainty.