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Elvis Presley has been supposedly exploited by his record company during his lifetime. At least this is what his descendants maintain suiting Sony Music Entertainment as Presley’s former record company. Antenne Bayern interviews Julian N. Modi, LL.M., certified lawyer in IT-Law about the rights of the heirs. They base their claim on § 32a Copyright Act (UrhG) that states that the artist is also later entitled to compensation in case that the new owner of the right of use has unexpected success with the work of art.
Press release No 93/2011 of the Supreme Court dated 01/06/2011, file number: I ZR 140/09
In order to learn about copyright protection, creative services must reach so-called original authorship. The Supreme Court has informed that also educational games have the required authorship and may be protected as an interpretation of scientific nature. Only the form of that interpretation would be taken into account, not the content of the learning game.
Judgement of LG Frankfurt / Main (Regional Court Frankfurt / Main) of 18/08/2010, file number: 2-6 S 19/09
The owner of a hotel who offers to his guests an encoded network that meets the statutory requirements cannot be held as responsible for copyright infringements caused by his guests. Due to the existing codification, which safeguards against copyright infringements by third parties, the owner does not meet any further duties.
Decision of LG Köln (Regional Court Köln) of 01/12/2010, file number: 28 O 594/10
According to the Regional Court of Cologne, the fact of the regular reporting should have met the public consciousness that, by handing over an Internet connection to thirds, right infringements are not implausible. Therefore, parents must ensure, through consistent performance of their duties, that copyright infringements do not occur.
Judgement of the OLG Stuttgart (Higher Regional Court Stuttgart) of 06/10/2010, Az: 4 U 106/10
During modification of a copyrighted building, the interest in the modernization outweighed the interest of the author of an unmodified maintenance of the building. Balancing of interests, the modification should include the nature and scope of the protected structure and the remaining protective effect of the relevant copyright law, which, however, reduces the expiry of the protection time. Any possible planning alternatives and their costs implications should not be really taken into account as general and public interests.<span style="font-weight:...
Judgement of OLG Köln (Higher Regional Court Cologne) of 11/06/2010, file number: 6 U 23/10
A publisher is not allowed to advertise a new edition of a book, which has experienced changes in content and format, without informing about the true contents of the book compared to the original work. An example is the advertising of a new edition of a well-known book from Helmut Newton, which was published in a reduced format and in which 74 pictures were replaced by other motives. The Higher Regional Court Cologne confirmed the injunction against the publisher so that the use of six advertising messages, such as “Resurrection of the book”, is inadmissible....
Judgement of KG Berlin (Superior Court of Justice Berlin) of 15/06/2010, file number: 5 U 35/08
Copies of already published photographs are certainly permissible as a part of a quotation and if they are not only used with pure decorative and illustrative purposes. The reproduction of an unmodified small picture in a larger picture shows a “copyright relevant intervention” according to §§ 72, 15, 16 UrhG (German Copyright Act).
Every single day, the industry must fight against the spreading of pirate copies of copyrighted works. Especially the use of file sharing networks – in which music files, films or computer programs are made available for the mass-market unauthorised and free of charge – gets the right holder. Further one meets in nearly all areas of the internet the phenomenon that, via copy & paste, copyrighted pictures or texts may simply be used without the approval of the real originator. This originates several infringements of the rights of the creator of those works.
Judgement of LG Bielefeld (Regional Court Bielefeld) of 13/04/2010, file number: 4 O 293/06
It is agreed that the use of a logo is allowed only with a suitable copyright notation so that the originator of the logo can claim for compensation in case of offence. In the legal action of the Regional Court Bielefeld, a graphic artist, who agreed to make available the logo “Der Hausmeister”, complained that in case of using the logo, a well recognizably ©-Copyright notation with the name of the plaintiff shall be attached. However, the defendant used the logo on his company car as well as on his Internet site without the agreed notation. Consequently, a...
Representatives of the film, music and software industry must still accept considerable sales losses due to the private exchange of their copyrighted works in so-called Peer-2-Peer-Networks. Through file sharing systems, such as eMule or BitTorrent, users unite to a community and exchange the data of their computers. Not only a download of a copy of a copyrighted file takes place, rather the user also offers suitable files even to other participants to upload. The user makes also available the files of other participants which exist on his computer through the P2P network for unlawful download.
Can the bare looking of a film on the Internet be already unlawful? – Juridical action against film portals such as Kino.to
Internet portals which offer actual films and TV series free of charge, illegal per se, for viewing count with bigger and bigger popularity among users. However, for the film industry such portals are seen as a nightmare. During the past years, the film industry had already faced important sales losses due to copyright pirates. Due to the use of the mentioned film portals, the film industry also loses in the commercial distribution a considerable number of customers. The most prominent example at the moment of a controversial film...
Judgement of LG Düsseldorf (Regional Court Dusseldorf) of 27/05/2009, file number: 12 O 134/09
... at least within the scope of the Internet access. The Regional Court Dusseldorf decided that the owner of an Internet connection can also be taken as responsible and liable on a cease and desist letter if a copyright infringement has been committed in a file sharing network by a full aged family member.
Decision of the BVerfG (Federal Constitutional Court) of 07/10/2009, file number: 1 BvR 3479/08
Music enterprisers and sound recording industries had issued in a constitutional complaint that private music CD copies infringe against § 53 paragraph 1 UhrG (Copyright Law). The Federal Constitutional Court rejected the complaint on the grounds that the complaint was not issued in due time. Moreover, the decision confirmed that single copies are allowed for the private use, as long as they have no purpose of gain.
Judgement of LG Köln (Regional Court Cologne) of 12/08/2009, file number: 28 O 396/09
Advertising texts are not included on the copyright protection if they are not anymore as pure recommending and advertising imperative. However, if the advertising messages show an individual impression through the advertising, the necessary creation or level of originality for a copyright is reached. This level of originality can also be reached through the technical realisation of the web page, for example, through specific arrangement of key words in order to achieve top ranks in searching machines.
Press release No. 44/09 of AG München (Local Court Munich) about the judgement of 19/08/2009, file number: 161 C 3130/09
Basically the right to one’s own picture protects everybody against unauthorized spreading of own images, including aerial photos of own property. Thus, the right to one’s own picture is not infringed if the images cannot be assigned to a certain address and no single person can be recognized.
Judgement of LG Düsseldorf (Regional Court Dusseldorf) of 01/04/2009, file number: 12 O 277/08
The rights of a photography are not lost, according to § 72 paragraph 1 UhrG (Copyright Act), just because only a detail from the picture has been unjustified used. Protective property of the norm is also every part of the picture; in particular if it concerns the distinctive detail of the photograph. In addition, according to § 13 UhrG (Copyright Act), a surcharge of 100% of the basis reimbursement is entitled to the photographer if his name was not mentioned as originator.
Judgement of LG Köln (Regional Court Cologne) of 01/07/2009, file number: 28 O 42/09:
To integrate a football into the foot of a wheat beer glass cannot be protected, § 96 UrhG (Copyright Act). The claim of the independent artist against a beer brewery failed because of the requirement of the clear towering of the average creation. Besides, the court particularly analysed the fill area, the material choice, the glass grinding and of course also the football itself. Own goal! Cheers!
Judgement of LG München I (Regional Court Munich I) of 06/05/2009, file number: 21 O 5302/09
For a copyright photo which has been worked to the cover under retention of the central picture elements, rights of use should be shown. These entitle to advertise with the photo through the picture of the cover. It is to be supposed, that rights of use should be valid for an unlimited period of time to decorate sound carrier with an unchanged Artwork.
Judgement of LG Köln (Regional Court Cologne) of 16/06/2009, file number: 33 O 374/08
With an amount in dispute of 1 million euro, the regional court Cologne found StudiVZ "innocent". Facebook accused it of the imitation of the so-called "Look & Feel" on its homepage. StudiVZ served Facebook though as a model. Nevertheless and with limitations, the principle of the imitation freedom is valid, as long as this is not unfairly used. Finally Facebook, at the market launch of StudiVZ, did not have the necessary name recognition in Germany to justify any claim. Nor General Terms and Conditions offense is either given, since StudiVZ never...
Judgement of OLG Köln (HRC Cologne) of 27/02/2009, file number: 6 U 193/08
General terms and conditions are to be looked as a linguistic work and therefore as a copyright personal intellectual creation. Consequently the unauthorised use by third parties shows an infringement to the detriment of the in copyright matters amended.
