Titelschutz Journal

Publication date: 08/02/2012

49381 times read
 :: 36481 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, lawfirm.biz intern

Galileo - the popular science magazine on ProSieben

Publication date: 02/02/2012

51558 times read
 :: 30498 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: lawfirm.biz intern, Interviews, Copyright Law, Consumer Law, Advertising Law, Internet Law, File Sharing, Long Distance Sales Act, social network service, Facebook

Warning wave threats Facebook – FOCUS online interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property

Publication date: 13/09/2011

29570 times read
 :: 17439 Votes  

Decorating the own profile with photos, text and YouTube videos is something that happens every day on Favebook. The problem appears when the copyrights are not own by the facebook user who has just copied the internet contents. Even when a user is in principle owner of the rights and according to the terms of use, facebook is allowed to use the contents to a large extend. Lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property has been interviewed by FOCUS Online about that topic.

Category: Internet Law, lawfirm.biz intern, Interviews, social network service, Photo Law, Consumer Law, Data Protection, Facebook

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

Publication date: 05/07/2010

29411 times read
 :: 19257 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

Childhood photos on movies only with approval

Publication date: 19/02/2010

18357 times read
 :: 12968 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

23403 times read
 :: 15256 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

Visualised links can infringe against personality rights

Publication date: 26/10/2009

42272 times read
 :: 26766 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

Private wedding?

Publication date: 14/10/2009

21133 times read
 :: 13714 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

23545 times read
 :: 16147 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

My child should not stay in the media

Publication date: 14/08/2009

22313 times read
 :: 14557 Votes  

Decision of BGH (Federal Supreme Court) of 30/06/2009, file number: VI ZR 339/08

A monetary indemnity due to insistent serious injury of the right in own picture depends on the particular cases evaluation; children must be protected more comprehensive than adults. Cease and desist letter and measures of compliance would have a satisfaction function.

Category: Youth Protection, Photo Law, Press Law, Indemnity, Entscheidungen

Unjustified use of photograph details

Publication date: 20/07/2009

18133 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

Forever the same cover

Publication date: 30/06/2009

19451 times read
 :: 13677 Votes  

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.

Category: Photo Law, Music Law, Copyright Law, Design Law, Entscheidungen

Blameless liability of ebay account owners

Publication date: 02/03/2009

22083 times read
 :: 14723 Votes  

Decision of LG Hamburg (Regional Court Hamburg) of 22/09/2008, file number: 310 O 357/08

The unlicensed use of a photo (§72 UrhG - Copyright Act) on the Internet (here: ebay) is to be understood as a public available-making in terms of §19a UrhG (Copyright Act). An injunctive relief and removal claim of the right holder (§97 I UrhG - Copyright Acts) arises from it. The omission duty applies because of the supposed repetition risk to all still retrievable pictures which may be removed. For clearing the supposition it requires the release of a serious and adequately penal-reinforced undertaking to cease and desist. On this case, it does not depend on a...

Category: eBay Law, Photo Law, Copyright Law, Entscheidungen

Celebrities’ pictures in private affairs

Publication date: 26/02/2009

24781 times read
 :: 14953 Votes  

Press release of BGH (Federal Supreme Court) of 17.02.2009, file number: VI ZR 75/08

Also celebrities are able to prohibit the publication and spreading of photos, which were taken in public, if these exhibit private life processes. The right on personality free development is priority in such situation.

Category: Media Law, Photo Law, Celebrities, Press Law, Press Releases, Entscheidungen

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