German gallery OK to dismantle 'Mannheim hole' artwork
February 21, 2019
An art gallery in the German city of Mannheim was within its legal rights to dismantle an art installation during renovation work, Germany highest criminal court ruled Thursday.
The Federal Court of Justice rejected an appeal by artist Nathalie Braun Barends, whose works were removed when a wing of the Kunsthalle Mannheim was gutted and renovated.
The two works in question were built into the structure of the gallery — "HHole" consisted of holes running through seven stories of the Kunsthalle and "PHaradise" was a light installation which moved through the dome and wings.
The artist argued that this was a violation of copyright. But the court ruled that although artists have the right to prevent the destruction of their work, Braun Barends' installations formed part of the walls and roof and for this reason, the gallery had the right to choose what to do with them.
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The court also said the Kunsthalle had not violated copyright laws because it had carried out a "comprehensive weighing of the interests of the author and the owner."
It referred the case for €66,000 ($75,000) in remuneration back to the Karlsruhe Higher Regional Court, where it had previously been rejected.
Ownership and copyright remain controversial issues, especially for installation artists whose works are dependent on locations which they do not own.
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nn/rt (dpa, AFP)