Das Original in der Fotografie im Lichte des Urheberrechts

While photography is an essential part of the art market today, specific difficulties arise in identifying the original. After a brief outline of art history, Philine Pohlhausen examines how the concept has developed in copyright law against the background of the wide artistic range of this medium. Guidelines for legal theory and the art trade are formulated, which are particularly applicable to the resale royalties. They offer solutions for handling multiple or posthumous prints and for restoration by reprinting. The author furthermore analyses how the photography market can be better protected against forgery and proposes a definition of the original applicable to photography in copyright law.