Princess Caroline in Bismarck’s Shadow: Photographs of Public Figures in German Law

Posted: 15 Oct 2020

See all articles by Thomas Lundmark

Thomas Lundmark

University of Hull - School of Law; University of Münster

Date Written: 2001

Abstract

The year was 1898. As the body of Prince Otto von Bismarck, the founder of the modern German state, lay on his deathbed, two enterprising practitioners of the then newly improved art of photography made their way into his room and took a snapshot of the corpse. The children of Prince Otto later sued to enjoin publication of the photograph, and to require destruction of the photograph, all copies, and the plate. The court issued the injunction as prayed, reasoning that it would be unjust to allow the photographers to profit from their illegal entry (condictio ob injustam causam).

Suggested Citation

Lundmark, Thomas, Princess Caroline in Bismarck’s Shadow: Photographs of Public Figures in German Law (2001). Available at SSRN: https://ssrn.com/abstract=3680494

Thomas Lundmark (Contact Author)

University of Hull - School of Law ( email )

University of Hull
Hull, HU6 7RX
United Kingdom

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