Dresden (dpa / sn) – In an unusual procedure for the right to one’s own image, a comparison at the Dresden Higher Regional Court failed on Tuesday. In 1960, the plaintiff posed as a model for the Sorbian artist Hanka Krawcec (1901-1990) in a drawing that 14 years later served as a template for a linocut. The owner of a fashion label chose this work as a motif for a T-shirt, with which he ultimately wanted to protect Sorbian art. A small portion of the sales proceeds were intended for charitable purposes. But the plaintiff obtained an injunction, which is why not a single copy of the 100 T-shirts produced has been sold to this day.
In the first instance, the Görlitz district court had agreed with the plaintiff. The presiding judge Markus Schlueter made it clear again on Tuesday that this case is not about copyright. Research into the artist’s heirs had been unsuccessful. The plaintiff claimed that she had not been asked whether her picture could be used on the T-shirt and felt “hurt” and “hit” by the request. The drawing from 1960 makes her proud. However, she doesn’t want it to be worn on a T-shirt, she said. It is not about a financial participation in the sales proceeds.
Judge Schlueter and two associate judges attempted to persuade the parties to come to a settlement. Ultimately, the plaintiff agreed to a compromise and agreed to purchase the T-shirts herself at cost price in order to take them out of circulation. However, the operator of the fashion label did not want to get involved in this. The court plans to announce its decision on the matter on April 4th.
