Fundamental Rights Section May 12, 2004 was not in conformity with the bathing rules in force by that date. Furthermore, it considered the display of the minor complainant's photo as an infringement of Sect. 78 of the Urheberrechtsgesetz (UrhG - Copyright Act), which safeguards the 'right to one's own picture' and protects the person shown against being exposed to the public by displaying his photo. The Ombudsman Board requested the mayor of the Municipality of Amstetten to review and make a statement on the complaint until August 27, 2004, in particular to clarify on which legal basis a bathing ban for both swimming pools had been imposed and the photo displayed. Furthermore, it asked the mayor to explain why a bathing ban for a shorter period, as imposed on other children, was not imposed on the complainant in view of the fact that he had a seasonal ticket. In addition, the Ombudsman Board requested the immediate lifting of the bathing bans for both swimming pools and the removal of the photo displayed visibly to third parties at the entrance to the nature swimming pool Amstetten. The mayor of the Municipality of Amstetten refused by letter dated August 25, 2004 to reply to the Ombudsman Board's request and denied the responsibility of the Municipality of Amstetten with respect to Amstettner Veranstaltungsbetriebe Gesellschaft m.b.H., the sole shareholder of which is the Municipality of Amstetten. The Ombudsman Board then requested, by letter dated September 3, 2004, the mayor of the Municipality of Amstetten to clarify the ownership of the nature swimming pool Amstetten and the right of the Municipality of Amstetten to give instructions to the management of Amstettner Veranstaltungsbetriebe Gesellschaft m.b.H.; furthermore, to transmit to the Ombudsman Board an abstract of the commercial register with recent and historical data, the articles of association and any amendments to them by shareholders' resolutions. The requested documents were transmitted on September 7, 2004. The Ombudsman Board recognized the complaint in question as justified. I. Neither the bathing rules, published under www.amstetten.noe.gv.at/Ortsrecht nor the bathing rules for the nature swimming pool Amstetten of July 17, 2002 provided a legal basis for the bathing ban imposed on the complainant for the entire bathing season on May 12, 2004 with respect to the leisure centre Ulmerfeld-Hausmening and the nature swimming pool Amstetten. http://www.amstetten.noe.gv.at/ 62