Radio Gong 96,3 interviews certified lawyer Hagen Hild

Publication date: 11/02/2013

21636 times read
 :: 14019 Votes  

Radio Gong 96,3 interviews on February 6, 2013 certified lawyer Hagen Hild from – Law Firm Hild & Colleagues about the topic: „Will our mouth be taped up by the performing rights society when we whistle a licenced song?“.

Category: Internet Law, intern, Interviews, Media Law, Film Law, Music Law, Copyright Law

Berliner Kurier interviews certified lawyer Julian N. Modi, LL.M.

Publication date: 20/03/2013

143824 times read
 :: 27609 Votes  

Berliner Kurier interviews on November 15, 2012 certified lawyer Julian N. Modi, LL.M. about the decision of the Federal Supreme Court, file number I ZR 74/12, regarding the liability of parents regarding illegal file sharing of their minor children.

Category: Warning letter, Abmahnkosten, Abmahnung Rechteinhaber, Indemnity, Internet Law, File Sharing, Liability, Media Law, Music Law, intern

Titelschutz Journal

Publication date: 08/02/2012

49350 times read
 :: 36456 Votes  

Dispatch on February 2, 2012 about the sentence of the Local Court Frankfurt /Main, file number: 30 C 1849/11-25.

Category: Internet Law, Procedural Law, Copyright Law, Abmahnung Verletzer, Photo Law, Press Law, Personality Right, intern

Galileo - the popular science magazine on ProSieben

Publication date: 02/02/2012

51520 times read
 :: 30476 Votes  

Certified lawyer Julian N. Modi, LL.M., supports Galileo – a popular science magazine on ProSieben – about the topic „Legal mistakes on the Internet".

Category: intern, Interviews, Copyright Law, Consumer Law, Advertising Law, Internet Law, File Sharing, Long Distance Sales Act, social network service, Facebook

Antenne Bayern interviews certified lawyer in IT-Law Julian N. Modi, LL.M. about the topic: „Descendants of Elvis Presley argue for more money

Publication date: 07/09/2011

22598 times read
 :: 14448 Votes  

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.

Category: Media Law, Music Law, Celebrities, Copyright Law, intern, Interviews, Entscheidungen

Copyright protection for educational games

Publication date: 04/07/2011

10596 times read
 :: 5197 Votes  

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.

Category: Copyright Law, Press Releases, Entscheidungen

Hotel owner is not liable for copyright infringement of his guests

Publication date: 04/07/2011

19262 times read
 :: 11166 Votes  

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.

Category: Warning letter, Internet Law, Liability, Copyright Law, Entscheidungen

As Internet connection holders, parents are liable for their (teen) children

Publication date: 12/01/2011

72603 times read
 :: 32831 Votes  

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.

Category: Internet Law, File Sharing, Liability, Media Law, Music Law, Copyright Law, Entscheidungen

Modernization of a copyrighted building

Publication date: 22/11/2010

9171 times read
 :: 5649 Votes  

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:...

Category: Copyright Law, Architects Copyright Law, Entscheidungen

Misleading advertising in book reprint

Publication date: 18/08/2010

16257 times read
 :: 11263 Votes  

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....

Category: Copyright Law, Advertising Law, Media Law, Entscheidungen

„Matthias-Reim-Photo“– The picture in picture

Publication date: 05/07/2010

29397 times read
 :: 19247 Votes  

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).

Category: Personality Right, Media Law, Photo Law, Press Law, Celebrities, Copyright Law, Entscheidungen

Copyright in the area of architecture and engineering

Publication date: 27/04/2010

16382 times read
 :: 9784 Votes  

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.

Category: Copyright Law, Architects Copyright Law, Article, Entscheidungen

“Der Hausmeister” without copyright notation

Publication date: 16/04/2010

10425 times read
 :: 6633 Votes  

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...

Category: Copyright Law, Advertising Law, Entscheidungen

Antipiracy and supervision of Peer-2-Peer-Network (P2P)

Publication date: 08/03/2010

34011 times read
 :: 22182 Votes  

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.

Category: File Sharing, Media Law, Music Law, Copyright Law, Consumer Law, Article, Entscheidungen

Publication date: 08/03/2010

31377 times read
 :: 20082 Votes  

Can the bare looking of a film on the Internet be already unlawful? – Juridical action against film portals such as

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...

Category: Media Law, Consumer Law, Copyright Law, File Sharing, Article

Parents are also liable for full aged children...

Publication date: 04/01/2010

25515 times read
 :: 15307 Votes  

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.

Category: Internet Law, File Sharing, Liability, Copyright Law, Entscheidungen

CD copies are not forbidden yet

Publication date: 29/10/2009

11162 times read
 :: 7197 Votes  

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.

Category: Music Law, Copyright Law, Product Piracy, Entscheidungen

Copyright protection for advertising slogan?

Publication date: 27/10/2009

8065 times read
 :: 5349 Votes  

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.

Category: Copyright Law, Entscheidungen

The air spy: About the right to one’s own picture

Publication date: 13/10/2009

23537 times read
 :: 16142 Votes  

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.

Category: Media Law, Photo Law, Copyright Law, Design Law, Copyright-Photos, Consumer Law, Personality Right, Press Releases, Entscheidungen

Unjustified use of photograph details

Publication date: 20/07/2009

18132 times read
 :: 11799 Votes  

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.

Category: Trademark Law, Media Law, Photo Law, Copyright Law, Entscheidungen
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