Holbeinpferd
Holbein horse is the colloquial name of a horse sculpture in Freiburg im Breisgau, which has achieved numerous anonymous transformations a certain celebrity.
The foal standing concrete cast was created in 1936 by the sculptor Werner Gurtner. It is 1.90 m high and long, weighs about a ton and is owned by the city of Freiburg. In the 1950s, the horse was erected on a small patch of grass between the eponymous Holbeinstraße, the Hans -Thoma -Straße and the Günterstalstraße ( tram to Günterstal, stop " Holbeinstraße ").
The horse as an art carrier
The Holbein horse in January 2007
The Holbein Horse November 15, 2008
The Holbein horse in July 2009
The Holbein horse in February 2010 as Holbein sheep
The Holbein horse in November 2010
The Holbein horse in November 2011
The Holbein horse in September 2013
Urban Knitting: Wollbeinpferdle in September 2013
Since the late 1980s, the sculpture is always carefully painted and decorated by unknown. Previously this was done only at night, but is now also made during the day. It is usually creatively tried to portray a particular theme. The growing media interest stimulated more and more often to strangers redecorate the horse again. The idea of a costume sculpture is in, and possibly inspired by the Brussels Manneken Pis, which since the 17th century, this honor is - but today of an official representative.
One of the first and also the most durable paint schemes made the ponies to Zebra, since then changed its appearance but faster and faster. The Holbein horse was already unofficial advertising medium (eg, milka, Nivea, owl ), transmitters of political messages (Brent Spar boycott ) and the bearer of vows of love; it wore flag colors, jerseys of football and cycling teams, Unicorn and Pegasus applications, acted in 2003 as a donkey for the person sitting on him Bremen Town Musicians and was covered at the wrapping of the Reichstag by Christo and Jeanne- Claude in 1995 also.
The early 1990s were postcard series and photos of the little horse laid in his various paintings and sent TV reports.
Prehistory
In 1936 the then still unsigned sculpture was sold to a private individual who resold it later to the garden office in Freiburg. At the request of the then Lord Mayor Wolfgang Hoffmann Werner Gurtner added in the 1950s to his signature. In the 80s, the horse has been restored three times and painted brown in June 1987 for the purposes Gürtners. This painting was not of long duration - the horse is repeatedly transformed by unknown.
Litigation to Postcards
The Heritage Community Elsa Gürtner, the widow of the sculptor, sued for disclosure of the sales revenues that a photographer had made with pictures and postcards of Holbein horse. The lawsuit with a value of $ 10,000 - in 1996 by the District Court Freiburg dismissed on the grounds that light images may be used for commercial purposes of sculptures if they are in the public space ( freedom of panorama ). The plaintiffs appealed, and the district court of Mannheim, the vorinstanzliche ruling confirmed in 1997 largely, but gave the desire for disclosure of revenue instead (LG Mannheim 14 February 1997 7 S 4/96 "Freiburg Holbein horse", IIC 1997, 364 ).
The condemnation of the photographer came about only because he had given by image processing the horse an appearance that it had in fact never ( in Santa Claus costume). The court emphasized that the admissibility of a business use according to § 59 German Copyright Act attributable not the fact that third parties have altered the work. A violation of the exploitation rights lie before, however, if photographs of a work to be reproduced and distributed, in which the found quality of the piece has been altered by photo-technical measures.
Others
Artistic freedom is a fundamental right and in Germany protected by Article 5 § 3 of the Basic Law (GG).
The alienation of photographs can be art and is often received as art; known examples are the edits that undertook to Andy Warhol photos of Marilyn Monroe.
In image editing something else is understood today than at the time of the above judgment, namely the pixel-precise editing on the PC. " photo-technical measures " were then made while developing in the photo lab. This could, for example, the sharpness affect the brightness and / or the colors of the picture. Today ( 2013), these techniques are largely unknown especially with younger or forgotten.