Commons:Deletion requests/Files in Category:Gelsenkirchen - Photographs of Arne Müseler

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

Files in Category:Gelsenkirchen - Photographs of Arne Müseler

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Unfortunately, Germany Freedom of Panorama is not allowed for aerial photography. Permission from the architect (Günter Kus) is necessary.

A.Savin 14:38, 20 September 2020 (UTC)[reply]

Deleted: per nomination. - FitIndia Talk ✉ 06:13, 27 September 2020 (UTC)[reply]

This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

Files in Category:Gelsenkirchen - Photographs of Arne Müseler

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Per German admin's inputs at Commons:Undeletion requests/Archive/2022-12#File:Berlin Hi-Flyer Sept14 views04.jpg, the situation hasn't changed to a great extent. While a lower regional court (Landgericht Frankfurt) may had provided a more progressive approach to German FOP by allowing aerial photography, it remains to be seen when the highest courts of German land – Bundesgerichtshof, Bundesverwaltungsgericht, Bundesfinanzhof, and Bundesarbeitsgericht – would make similar decisions allowing the use of special equipments like drones to freely reproduce public buildings from a view not normally dedicated to public access (like mid-air) without architects' licensing permits. So far, none has made such decision, and out of 110+ regional courts throughout Germany, only Landgericht Frankfurt made a contradictory decision that seems to oppose the legal tradition of Germany with regards to German FOP. Hence the lower court's ruling cannot be relied on by Commons in accordance with COM:Project scope/Precautionary principle.

JWilz12345 (Talk|Contrib's.) 20:07, 12 January 2023 (UTC)[reply]

 Comment Newest case law, by the OLG Hamm (a higher court than the Landgericht Frankfurt), says that drone shots are not covered by German freedom of panorama. See [1]. This makes the Frankfurt decision an outlier more than ever IMO. The Hamm decision is being appealed to Germany's highest regular court BGH, so we may get a new decision from them in the next couple of years or so. --Rosenzweig τ 11:00, 26 May 2023 (UTC)[reply]

Deleted: per nomination. --A.Savin 02:13, 11 June 2023 (UTC)[reply]

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