Cologne Higher Regional Court confirms liability for damages for commercial use of photographs from inside the Cologne Cathedral
The Higher Regional Court of Cologne rendered an important decision in the field of commercial image licensing law on June 2, 2025 (Case No. 6 U 6/24). At the heart of the proceedings was the unauthorized use and commercial exploitation of photographs taken from the interior of the Cologne Cathedral by an image agency. The cathedral parish, as the property’s manager, pursued claims for damages through litigation, due to unauthorized publication and distribution of these images for commercial use (OLG Cologne press release, published on urteile.news, as of 03.06.2025).
Right of use and property rights in the context of photography
The Cologne Cathedral is owned by the High Cathedral Church of Cologne and is regarded as an important national and religious cultural monument. As the legal owner, the cathedral parish exercises property rights that include the authority to determine the creation and use of photographs taken inside the cathedral. These rights extend not only to access, but expressly also to granting or withholding consent for taking and exploiting photographs, particularly for commercial purposes.
Photography in the Cologne Cathedral – Rights and Restrictions
While visitors are generally permitted to take photographs for private purposes, use for commercial purposes is only allowed with the explicit consent of the property’s manager. This especially applies to image agencies and publishers who distribute photographs commercially. In this case, the image agency licensed and made available to third parties photos taken from the cathedral interior for which they had not obtained express authorization for commercial use. The Court established that even the creation of such photographs for commercial purposes without consent constitutes a violation of property rights; actual exploitation afterwards leads to further illegal use.
Commercial exploitation, copyright, and damages
Legal basis for claims for damages
In its lawsuit, the cathedral parish asserted, among other things, claims for injunctive relief and payment of damages. The argument was made that the property rights not only cover access to the church interior but also its commercial use. The Higher Regional Court of Cologne agreed with this legal opinion and clarified that any breach of such usage restrictions gives rise to a claim for damages, which is assessed according to the license analogy method. Here, the notional license fee that would have been paid for lawful use of the images is taken as the basis.
Relation to property rights and copyright
Although photographs are often protected under copyright law, in this case the decisive legal basis was the property right of the church building’s owner. By virtue of property law, the owner—regardless of any copyright in the photographs—may decide if and how images taken inside the building are used for commercial purposes. This assessment is particularly relevant for image agencies, journalists, and commercial photographers.
Significance and implications of the Higher Regional Court’s decision
Signal effect for the exploitation of images from protected interiors
The decision of the Higher Regional Court of Cologne clarifies the legal restrictions on commercial use of photos taken in publicly accessible, but privately owned, interiors. It is not copyright per se, but above all the owner’s usage rights derived from property law that are crucial. Even publicly known structures like the Cologne Cathedral are included, as long as the photos are not taken from outside the building in a public space.
Distinction between private and commercial use
A key argument of the Court was the clear distinction between private use of photographs for personal memories and their targeted commercial exploitation. Especially in the area of commercial image agencies, lacking the consent of the property rights holder can lead to considerable liability risks, including claims for payment at the level of customary market license fees and injunctive relief.
Practical advice in light of current events
The principles established by the judgment make clear that commercial practitioners wishing to use images from church interiors, museums, or other publicly accessible but privately managed interiors should carefully review the relevant terms and conditions in advance. Relying solely on public accessibility is not sufficient if a consent-requiring property right exists.
Companies, journalists, and image service providers may therefore face significant legal consequences in the event of violations of existing usage regulations. Should you have any uncertainties or questions regarding the commercial exploitation of photographs from protected interiors or similar situations, the lawyers at MTR Legal Rechtsanwalt will be pleased to assist you.
