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Frage zu Gebrauchsmusterschutz

Question to utility model protection




Question of Theofilm:
Februar 2009

Hello,

I have read here in the forum, for example, that the DB ICE trains are not readily be filmed. As is probably the protection of utility models in force. How can someone so accurately from?

Is it synonymous of any public area of ICEs (utility or other protected things) a film, or publish?
Not even if it is in the background of the film auftrifft?

Is it synonymous for other trains of the DB? or, for example, Lufthansa and Airbus planes?

Regards
Theo




Reply KrischanDO:

Moin,

my knowledge:
on DB site is only with permission to film or take photographs.
The souvenir photo or video of grandma when boarding will not interfere.

A train, of public grounds, which goes back through the picture is okay, as long as no "image transfer" takes place, ie that you are trying, with the image of another product DB upgrade.
If you can do that gets you no trouble, but a consultant contract with the DB. ;-)
Trademarks of products, yet its image is not ruined, you can show synonymous, as long as you do not try promotional image enhancement.
The protagonist who rises to a Benz should synonymous with over the hood to be star.

On www.fotorecht.de you'll find a lot of information.

Regards
Christian



Reply Pianist:

There is now some confusion, so I'll try a little in order to bring the case. First of all, the headline incorrectly chosen. Instead of "utility model protection" must be in this case "design protection" hot, because the original writer according to the ICE asks. And yes, he wants no ICE imitating, but rather filming him. The lawyers would say, "A two-dimensional image of a three-dimensional object to create. And then the following applies: The train has generally not mind if fans in the railway for passengers publicly accessible areas (this is usually the platform) Still image and video recordings made. And of course, the train synonymous do not mind if someone somewhere on a farm or a bridge and is passing ICEs filmed or photographed. And the train has not synonymous, however, when their train fans ICE Photos on the Internet show. When in the field of news reporting (eg rail strikes, tariffs, etc.) are shown ICEs can also train as nothing against it.

But now comes the big caveat: A commercial use of ICE images tangential design protection, which the railway claims for ICEs. It should now be correctly the various ICE series differentiate, but we remember times in general, that it goes to the ICE. So when a Bahnfan ICE train-Still Image s.eine advertising sold, and thus advertising them for a DB foreign companies make, has something against the rail.

The track has something against synonymous if, for example, a railway company on the cover of a leaflet depicts an ICE. But if on the inside of a prospectus, a track machine and can be seen on the side track ICE train, which then goes through as an accessory. This is synonymous when, in a film for a railway company times briefly ICE Picture runs through. So the ICE always look exactly how it behaves with the rights, what we should and what should not. When moving to a different style than the image always synonymous nor the aspect of this timeline, which gives more possibilities for something as "accessories" to be considered.

Matthias



Reply Theofilm:

Aha, I understand or believe it to be understood. Then it is in any event, yet so similar to what I had previously understood.

Made me just a little contribute to older Slashcam aback. Since I had first read out so that, without authorization is an ICE is not expected to be filmed. However, it was synonymous not discussed in more detail.
http://forum.slashcam.de/firmenlogos-in-lernvideo-vt51126.html?highlight=ice

Regards
Theo



Reply Pianist:

"Film Theo" wrote:
Made me just a little contribute to older Slashcam aback. Since I had first read out so that, without authorization is an ICE is not expected to be filmed.

No, you have the wrong read. Since it went to the pub (recovery / distribution), not about the making of the recording s.sich.

In Germany, there is almost nothing you can not film. The only exceptions are certain military objects, but then synonymous fenced and are labeled accordingly. Otherwise, you can first of all on film, which is publicly accessible. It is then only what you do so. And since it is much respected.

Matthias



Reply KrischanDO:

"Pianist" wrote:
... Otherwise, you can first of all on film, which is publicly accessible. It is then only what you do so. And since it is much respected.
Matthias


Yes, but what is publicly accessible?
Subway stations de facto, but still has one, as soon as it looks a little more serious (eg, EX-1 on tripod), the ruck zuck guys guarding against themselves.
Denen weismachen then that you do not publish, but just wants to practice, is idle.
So Drehgehnigung pick, I had then in Dortmund inside of four hours after e-mail request.

Regards
Christian



Reply Pianist:

"KrischanDO" wrote:
Subway stations de facto, but still has one, as soon as it looks a little more serious (eg, EX-1 on tripod), the ruck zuck guys guarding against themselves.

That is synonymous first in order. They are asking for what purpose the image is captured, when and where you're saying that for your own private use, they should deduct s.sich again. Because most carriers allow private recordings, if nobody is being impeded.

Even in the most prominent station in Germany, moreover, with security guards and federal police plenty busy, it is tolerated when given to train masses of fans with their cameras and tripods s.Bahnsteigende up.

Matthias



Reply Theofilm:

Good I can so my question is something to change.

What if we as a public area by ICE from these films and recordings later in a short film or feature film starts. for example, to symbolically show that the main actor with the rail of A to B runs.

Greetings Theo



Reply KrischanDO:

"Film Theo" wrote:
Good I can so my question is something to change.

What if we as a public area by ICE from these films and recordings later in a short film or feature film starts. for example, to symbolically show that the main actor with the rail of A to B runs.

Greetings Theo


No problem.

Regards
Christian




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