• In Germany, and in the rest of Europe, copyright Our remarks • In some cases, other fundamental rights like the law requires a balancing exercise between artistic right to freedom of expression or artistic freedom freedom and personality rights when determining can exceed a data subject’s rights under the GDPR. the legality of using a person’s likeness for commercial purposes. • In the specific case, the Court found that Tina • Despite this case, the use of a performer’s name Turner’s right to images was exceeded as there was and image in other contexts without their consent no risk of confusion between the cover artist and can be an infringement of an intellectual property the real Tina Turner. As Tina Turner was 80 years old right or privacy rights according to the GDPR. and had officially ended her career ten years ago (at the time of the lawsuit) there was no such risk. • When you are a famous public figure, you often endure more than a regular person does. In the case, the Court also argued that the photo on the poster was taken in a public setting and that its use was not overly invasive. 66