Law firm Raue successfully represented Berlin-based artist Götz Valien in appeal proceedings. The Munich Higher Regional Court ruled that Valien is the co-author of the renowned Paris Bar paintings, which were previously attributed solely to the late artist Martin Kippenberger.
The court upheld the Munich I Regional Court’s initial ruling and Valien’s claim in its entirety. As a result of the ruling, Valien must be named as the co-author alongside Kippenberger in all exploitation of the works.
In 2022, Raue filed a lawsuit on Valien’s behalf against the Estate of Martin Kippenberger, which manages the artist’s copyright estate and publishes his catalogue raisonné. The Estate had refused to recognise Valien as co-author and to name him accordingly.
Felix Stang, a partner at Raue and Valien’s legal representative, commented on the decision:
„Today‘s ruling strengthens the position of co-authors who contribute their own creations to joint works of art, thereby producing copyright-protected works. What has long been common practice in other creative fields, such as film, music and architecture, should now also become standard practice in the art world: the acknowledgement of all creators whose original contributions shape the final artwork and its success.”
Background
The paintings Paris Bar (Versions 1 and 2) have become renowned worldwide as works by Martin Kippenberger, fetching millions at auction. They depict the interior of the legendary Berlin restaurant, the Paris Bar, which remains a popular meeting place for the art and film scenes to this day.
Following his exclusion from the ‘Metropolis’ exhibition at Berlin’s Martin-Gropius-Bau in 1991, Kippenberger organised his own exhibition at the Paris Bar featuring works by other artists who had also been excluded. To achieve this, Kippenberger commissioned the Berlin cinema poster painting company Werner-Werbung to transfer a photograph of the exhibition at the Paris Bar to a large-format canvas.
Götz Valien created the paintings independently in 1992 and 1993 on behalf of Werner-Werbung and the Paris Bar owners, signing them. It was only 17 years later, when ‘Paris Bar (Version 1)’ was auctioned at Christie’s for £2,281,250, causing an international sensation, that Valien learned that the original commission came from Martin Kippenberger.
About the decision:
In its ruling, the Munich Higher Regional Court applies the principles developed by the European Court of Justice regarding the concept of copyrighted works. The Court held that the Paris Bar paintings bear the personal imprint of Götz Valien, reflected in his free and creative artistic decisions. Valien had sufficient creative freedom when executing the works and used this freedom to achieve his own creative vision. The defining characteristics include his distinctive brushwork, choice of perspective, use of colour and contrast, attention to detail, and handling of light and shadow.
(18 December 2025)