His map of Europe served as a template for the depiction on billions of euro banknotes. The creator subsequently demands millions from the ECB for the rights of use.
In the legal dispute over subsequent compensation for a Europe graphic on euro banknotes, the Frankfurt Higher Regional Court (OLG) announced its decision today. In the copyright dispute, a now 87-year-old cartographer from Austria is demanding a total of 5.5 million euros from the European Central Bank (ECB) for the use of his work.
According to his lawyer, the cartographer spent his life “traveling around the globe to create his maps.” To depict Europe, which has been engaging lawyers for several years now, he used various satellite images and digital files, then moved coastlines, fjords and islands and reworked surface structures and colors.
Author demands appropriate compensation
The cartographer transferred the usage rights for the depiction of Europe created in this way to the Austrian central bank in 1997 and received 30,000 schillings – the equivalent of 2,180 euros. The ECB later had the Europe relief printed on the backs of all euro banknotes.
The legal dispute with the ECB, which is now pending in the second instance, got rolling due to an actually harmless request from the cartographer: In 2014, his client approached the ECB with the desire to finance a new map project for him, describes lawyer Philip M. Jakober. The central bank then requested a list of his claims and demands. The law firm, which specializes in copyright law and is based in Stuttgart and Vienna, then examined the case and came to the conclusion that the cartographer had not received appropriate compensation for the use of his work.
The district court found the claim to be unlawful
The Frankfurt Regional Court did not consider the additional demand of 2.5 million euros immediately and a further 3 million euros for the next 30 years, which was levied under copyright law, to be legal. The judges justified their verdict in May 2022, although the image file was used in the design of the banknotes, but at the same time it deviated to such an extent that an independent new work was created. Among other things, the color was changed and certain geographical elements were not adopted.
Lawyer Jakober appealed against what he saw as the “obviously erroneous” judgment of the Frankfurt Regional Court: “Every sensible person is aware that the flat rate payment of 2,180 euros is not a fair and appropriate remuneration for the licensing of a European map can trade for all euro banknotes.”
In a statement from the law firm, the cartographer himself speaks of a “battle of David against Goliath”: “I would see it as fair and respectful if I received remuneration that corresponded to the services I provided. The ECB still uses my map of Europe billions of times today , so it would only be fair and just if the ECB made a certain payment to me for this.”
Source: Stern
