Press release about alimony dispute

Publication date: 18/06/2010

4995 times read
 :: 3223 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 27/04/2010, file number; 27 O 66/10

The plaintiff, a famous comedian, is in an alimony dispute with his father, who had admitted to the press in the past that he was impoverished and dependent on the maintenance of his son. The father’s lawyers wrote that “it is written in the stars to what extend such procedure can be kept away from the interest of the public”. The plaintiff demanded an omission from his father to speak to the media about the alimony procedure and about the fact that the plaintiff pays no maintenance. Thereafter, an article was published in which the father was quoted with the words: “My...

Category: Celebrities, Media Law, Warning letter, Personality Right, Entscheidungen

German Law also applied to the New York Times

Publication date: 07/04/2010

8296 times read
 :: 4550 Votes  

Judgement of BGH (Federal Supreme Court) of 02/03/2010, file number: VI ZR 23/09

Provided that an article published on the Internet injures the personality right of someone and shows at the same time a clear relation to Germany, the legal way to German courts is opened. A plaintiff resident in Germany took legal actions against the publisher of the newspaper “The New York Times” as well as against the author resident in New York, since the published article injured the plaintiff’s right.

Category: Personality Right, Press Law, Procedural Law / Costs, Entscheidungen

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

Publication date: 08/03/2010

8048 times read
 :: 5045 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

Kino.to

Publication date: 08/03/2010

7663 times read
 :: 4447 Votes  

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...

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

Childhood photos on movies only with approval

Publication date: 19/02/2010

4313 times read
 :: 2886 Votes  

Judgement of OLG Düsseldorf (Higher Regional Court) of 09/02/2010, file number: I-20 U 151/09

When a movie contains a photo without the approval of the affected person, the freedom of art should be weighed against the personality right of the affected person. However, minors enjoy a considerably higher protection and, therefore, a consideration will basically grant their interests.

Category: Personality Right, Media Law, Photo Law, Film Law, Entscheidungen

No remuneration for a VIP's photo

Publication date: 17/02/2010

5256 times read
 :: 3117 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 04/12/2009, file number: 324 O 338/09

The bare publishing of a paparazzi photo does not mean that the photographed public figure “collects promotionally”. In this case a known German photographer considered that he could require royalty payments from the defendant, since the publication of the photo shows him by reading a known Sunday paper. Nevertheless, the Regional Court Hamburg did not share that opinion. In case of pure journalistic use of the picture, the photographed cannot claim for remuneration. 

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

No reporting without concrete reason

Publication date: 15/01/2010

6107 times read
 :: 3805 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 29/09/2009, file number: 27 O 736/09

Without concrete and actual reason, the reporting about the state of health of a celebrity is inadmissible, since this concerns the main area of privacy. A known entertainer and comedy actress was seriously ill; this was compared in the media with the situation of host who was also ill. However, the illness of any third person who has no relation with the first mentioned person shows no “actual reason”, therefore, the reporting injures the general Personality Right.

Category: Personality Right, Celebrities, Press Law, Broadcasting Law, Media Law, Entscheidungen

Warning costs in case of fixed book price offence

Publication date: 18/12/2009

5554 times read
 :: 3216 Votes  

Judgement of OLG Frankfurt/Main (Higher Regional Court Frankfurt/Main) of 11/12/2009, file number: 11 U 72/07

Those who deal reselling books without taking into account the fixed retail prices can be warned since that is an offence against the Fixed Retail Price Law. The Higher Regional Court Frankfurt/Main has limited the costs to a lump sum of 175 euro net.

Category: Media Law, Procedural Law / Costs, Unfair Competition Law, Internet Law, Entscheidungen

No information claim for "Spongebob" voice actor

Publication date: 17/12/2009

2555 times read
 :: 1488 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 31/07/2009, file number: 310 O 338/08

A "Spongebob" – voice actor thought he would voice in the series a major role, whereupon he asked the radio play production company for profit sharing. Since he couldn’t anymore know the extension of his cooperation in the series, he required the suitable information from the productions company. The judges of the Regional Court Hamburg rejected his demand since the information claim should exist only if the plaintiff can prove that he cannot get that information by himself.

Category: Media Law, Procedural Law, Entscheidungen

Radio stations are liable for false statements

Publication date: 17/12/2009

2342 times read
 :: 1228 Votes  

Judgement of HansOLG (Higher Regional Court Hamburg) of 24/11/2009, file number: 7 U 76/09

The Higher Regional Court Hamburg has decided about a radio station which has spread false statements within the scope of an interview. Indeed, it was evident that the false statements came from a third party and that the radio station did not maintain them. However, the radio station is liable for them since it does not dissociate itself enough from the false statements.

Category: Media Law, Broadcasting Law, Entscheidungen

Court competence by Internet publications

Publication date: 12/11/2009

6274 times read
 :: 3615 Votes  

Press release No. 227/2009 of BGH (Federal Supreme Court) about the decision of 10/11/2009, file number: VI ZR 217/08

The Federal Supreme Court allows  the  Europeam Court  of Justice to clear the question of the international court competence about forbereance regarding naming by the suppliers who are settled in another member state.

Category: Internet Law, Data Protection, Internet Penal Law, Press Law, Press Releases, Entscheidungen

CD copies are not forbidden yet

Publication date: 29/10/2009

3016 times read
 :: 1820 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

Visualised links can infringe against personality rights

Publication date: 26/10/2009

13612 times read
 :: 5158 Votes  

Judgement of LG Köln (Regional Court Cologne) of 17/06/2009, file number: 28 O 662/08

If a picture is shown in a people search machine not only as a pure hyperlink as but as “embedded content” on the Internet site, than this picture is a part of the mentioned side. Hence, the site owner must be entitled to the representation of that picture. Otherwise he spreads it illegally and exposes himself to be warned. The fact that the picture is not stored on the server of that site is unimportant.

Category: Warning letter, Link Liability, Photo Law, social network service, Entscheidungen

Rejected constitutional complaint against legally existing age verification obligation

Publication date: 22/10/2009

8843 times read
 :: 3515 Votes  

Decision of the BVerfG (Federal Constitutional Court) of 24/09/2009, file numbers: 1 BvR 1231/04, 1 BvR 710/05, 1 BvR 1184/08

According to § 184 d StGB (Penal Code), suppliers of pornographic contents are responsible for ensuring through technical precautions that the pornographic content is not accessible for people under 18s. The age verification obligation is not inapplicable to protect minors against the negative influence of pornographic contents since these are freely available on the internet.  A law is already adequate to reach the aimed purpose when the reaching purpose is promoted.

Category: Internet Law, Internet Penal Law, Youth Protection, Media Law, Telecommunication law, Entscheidungen

The right to one‘s own picture on film shoots

Publication date: 14/10/2009

4718 times read
 :: 3061 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 31/01/2008, file number: 27 O 1000/07

Basically every person can determine whether portraits from themselves can be used and published. This also concerns film shoots. Television broadcasting stations, which film people, must have the explicit approval from those people to emit the images. Even if these people tolerate the recording, it is not enough to emit the images if they do not give an explicit approval. In case that these images should be broadcasted anyway, the identity of the filmed people should be unrecognizable.

Category: Personality Right, Media Law, Broadcasting Law, Entscheidungen

Gossip

Publication date: 14/10/2009

7784 times read
 :: 4269 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 20/08/2009, file number: 27 O 529/09

The Berlin district court confirms an injunction against a newspaper publisher due to an article in which the private sphere of a well-known singer was injured. The article informed about supposed rumours about an affair of the singer with a colleague. Spreading such suppositions about the love-life is inadmissible since the publication of such speculations lacked on information and therefore the interference in the private sphere of the singer was not justified.

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

Private wedding?

Publication date: 14/10/2009

6047 times read
 :: 3795 Votes  

Judgement of LG Köln (Regional Court Cologne) of 30/07/2008, file number: 28 O 148/08

A monetary indemnity of 15,000 € was assigned to the wife of a known television presenter due to the unjustified publication of the wedding ceremony on a magazine. The judges of the regional court Cologne explained the monetary indemnity with the fact that the plaintiff’s personality rights were considerably injured by the publication of the pictures. Pictures of the wedding, which she consciously planned excluding the public.

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

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

Publication date: 13/10/2009

6250 times read
 :: 4019 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

BILD against taz: About the limits of amusing advertising comparisons

Publication date: 02/10/2009

5690 times read
 :: 2165 Votes  

Press release No. 201/2009 of BGH (Federal Supreme Court) about the judgement of 01/10/2009, file number: I ZR 134/09

Amusing and ironic comparisons in a commercial are allowed within certain limits. If the advertising does not disrate the competitor, nor reveals the absurdity creating a merely amusing exaggeration, the advertising does not act in an anticompetitive manner.

Category: Media Law, Broadcasting Law, Advertising Law, Press Releases, Entscheidungen

Ban of publicity for tobacco groups

Publication date: 18/09/2009

3134 times read
 :: 1375 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 19/08/2009, file number: 5 U12/08

Tobacco groups are not allowed to advertise for their cigarettes in newspapers as image advertising. Even the attempt to describe the tobacco products as “bio-tobacco”, “untreated” or “natural” has been seen by the judges of the higher regional court Hamburg as an infringement against the tobacco law. The judges have clearly expressed that health and youth protection must have absolutely priority.

Category: Media Law, Advertising Law, Entscheidungen
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