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Global Economy

Tina Turner loses before the BGH

The singer Tina Turner has lost a legal battle with the organizer of a tribute show about a double. In this case, artistic freedom outweighs personality rights, the first civil senate of the Federal Court of Justice (BGH) in Karlsruhe decided.

It was about the question of whether the double Dorothea "Coco" Fletcher looks too similar to the original – and whether advertising posters with her photo and the title "Simply The Best – The Tina Turner Story" give the impression that the superstar himself is on stage or support the show.

Worry Turner is involved with the show

Turner worries viewers will assume she's involved in the show because of the advert, which isn't the case. That's why she sued the organizer Cofo Entertainment from Passau for an injunction.

At the beginning of 2020, Turner was right before the Cologne district court. However, the Cologne Higher Regional Court reversed the verdict in the same year. In its decision, it gave artistic freedom more weight than the right to one's own image and name.

Art copyright law allows it

The BGH explained that the poster actually gives the impression that Turner is depicted on it. According to the Art Copyright Act, this is allowed here. The advertising should not pretend that Turner is actually involved in the show, the BGH further emphasized – but this claim cannot be inferred from the posters either.

(Az. I ZR 2/21)

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