“According to Art. 13 of the German Copyright Act (“CA”) the author has the right to be identified as the author of the work. He may determine whether the work shall bear a designation of authorship and which designation is to be used.”
The District Court of Cologne (Landgericht Köln) apparently never sleeps. After its somewhat questionable role in a surge of so called Redtube warning letters which infested some 10.000 unsuspecting German internet users in December 2013, the Court surprises both internet users as well as the legal community with a judgment (LG Köln, judgment of 30.1.2014, 14 O 427/13) on the moral right of recognition of authorship (Art. 13 Copyright Act) and its [...]
“The latest development is that GEMA has filed another lawsuit against YouTube, demanding from YouTube to take down the on-screen notice ‘Unfortunately, this video is not available in Germany because it may contain music for which GEMA has not granted the respective music rights.’”
YouTube and GEMA (the German Society for musical performing and mechanical reproduction rights) do have something in common: they are both committed to entertainment, since they could not exist without it. This connection embroils YouTube and GEMA in a multitude of ways. They do not appear to be amused about it though; and so they fight in many different ways. Even the technology-savvy observer will inevit [...]
“It held that in the case of a normally developed 13-year old child the condition “fulfils the requirements of his duty to supervise” is met when the parents regularly advise and instruct their children on the fact that illegal activities such as file sharing shall not be permitted.”
In a very recent case (I ZR 74/12; delivered on Thursday the 15th of November 2012) the Federal Court of Justice (BGH) has delivered another judgment dealing with copyright infringement occurring in the virtual sphere, which in this particular case have been committed by a minor through the use of peer-to-peer file sharing networks. The judgment was widely anticipated and has already been labeled a precede [...]
“The judgment casts a spotlight on a distinct feature of collective rights management in Germany and the difficulties that may ensue for creators and users of musical creations who want to license such material under an alternative licensing scheme.”
The case that came before the Local Court Frankfurt/Main concerned a dispute between the German Society for musical performing and mechanical reproduction rights (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte, GEMA) and a song contest organiser (defendant). In the course of a music contest, entrants were asked to submit a song through the defendant’s website and permit for the song to being exploited ( [...]
By Benjamin Schütze, Institute of Legal Informatics, Leibniz Universität Hannover
“Since its introduction in 2003, the provision marks the centre of a controversy between schools and institutions of higher education and copyright holders, especially publishing houses marketing a scientific – educational portfolio.”
About the right to make available small parts of a work for illustration purposes for teaching in schools and higher education and how it is interpreted by OLG Stuttgart in Alfred Kröner Verlag GmbH & Co. KG v Fernuniversität in Hagen (4 U 171/11).
The dispute between the parties centres on the question of whether Fernuniversität Hagen shall be permitted under § 52a Germ [...]
It has been more than three years now since the infamous idea of a new neighbouring right for press publishers appeared in the coalition agreement of the second Merkel government out of thin air. On the face of it, the approach seemed somewhat reasonable: To give press publishers a neighbouring right just like the ones enjoyed by other key players of content production, f.e. film and phonogram producers.
First ideas for an implementation circled around a kind of online press levy, to be payed by any commercial or public entity. There were reports about the respective collecting socie [...]