If the plaintiff relies for an injunctive claim on both protection of a photographic work pursuant to Sec. 2(1), No. 5 and Sec 2(2) of the Copyright Act and protection of a photograph pursuant to Sec. 72 of the Copyright Act, this is a single dispute matter (upholding Federal Supreme Court decision of 3 November 1999 – I ZR 55/97, GRUR 2000, 317, 318 [juris para. 12] = WRP 2000, 203 – Werbefotos).Photographs of paintings or other two-dimensional works (in the public domain) regularly fall under protection of photographs under Sec. 72 of the Copyright Act.If a visitor to a community art museum takes photographs of works exhibited in the museum in violation of the prohibition of photography effectively agreed through general terms and conditions in the private-law viewing agreement and then makes these photographs publicly available on the Internet, the party responsible for the museum can request, as compensation for damages, that the visitor cease and desist making them available to the public on the Internet.
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