Radio Fantasy interviews certified lawyer Julian N. Modi, LL.M.

Publication date: 20/03/2013

25621 times read
 :: 15531 Votes  

Radio Fantasy interviews on March 19, 2013 certified lawyer Julian N. Modi LL.M. about bashing on the Internet.

Category: Internet Law, Internet Penal Law, Personality Right, social network service, Facebook, Twitter, Media Law, Äußerungsrecht, Press Law, Celebrities

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

The latest rumour – the Financial Times Deutschland interviews lawyer Alexander Wagner

Publication date: 02/09/2011

24141 times read
 :: 15927 Votes  

Whispering in the stock market can bring the stock quotes to collapse in short time. News spread non-braked around the globe through Facebook, Twitter & Co. Is the person who started the rumour liable for the damages? Financial Times Deutschland interviews lawyer Alexander Wagner about the legal situation and liability of the ones who manifest an opinion and of the ones who repeat it.

Category: Liability, social network service, lawfirm.biz intern, Interviews, Indemnity, Media Law, Press Law

A newspaper advertisement, clearly recognizable a such, must not be labeled as “advertisement”

Publication date: 16/05/2011

22512 times read
 :: 9004 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 04/08/2010, file number: 5 U 152/09

An advertisement must not be explicitly referred as “ad” when this is clearly one for the average reader. An explicit reference is not necessary in case that a separation is given, through the design of the ad, between editorial and advertisement content. Such design does not cover any  disguised advertising.

Category: Press Law, Advertising Law, Entscheidungen

Expression of opinion or insulting criticism in the political discourse?

Publication date: 25/01/2011

16605 times read
 :: 11482 Votes  

Judgement of LG Lübeck (Regional Court Lübeck) of 28/10/2010, file number: 14 S 135/10

In order to assess whether a statement is a statement of fact or an expression of opinion, the context has to be considered. It has also to be considered whether the statement falls within the scope of a political discourse. Participants of a political battle of opinions must tolerate statement that, isolated, would approach the limit of insulting criticism.

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

Weather forecaster must not tolerate concrete details in the press release about rape allegation

Publication date: 19/07/2010

29745 times read
 :: 16294 Votes  

Judgement of LG Köln (Regional Court Cologne) of 12/05/2010, file number: 28 O 175/10

A nationwide well-known weather forecaster must not tolerate that the press publishes concrete details about the investigation concerning the procedure against him. Although the rape allegations count with an important public interest, they could cause a difficult complete rehabilitation of the weather forecaster in case of exculpation.

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

„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

German Law also applied to the New York Times

Publication date: 07/04/2010

28152 times read
 :: 16858 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

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

No reporting without concrete reason

Publication date: 15/01/2010

23278 times read
 :: 15438 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

Court competence by Internet publications

Publication date: 12/11/2009

17212 times read
 :: 11396 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

Gossip

Publication date: 14/10/2009

22387 times read
 :: 14258 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

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

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

Internet reporting about proceedings no offence against statement ban

Publication date: 06/07/2009

26440 times read
 :: 18080 Votes  

Decision of OLG Köln (HRC Cologne) of 19/06/2009, file number 15 W 32/09

If a debtor of an omission court order publishes on his web page lists corresponding to lawsuits under specification of reference number, date and ending of the procedure and the central concepts from which use he has to omit, no offence against the statement ban or the court order is given.

By an objective and shortened reporting about such trials the right on freedom of expression outbalances potential personality rights. There, it is no repeating freshining up of forbidden statements.

Category: Internet Law, Personality Right, Press Law, Entscheidungen

Anonymity for the offender

Publication date: 18/06/2009

12351 times read
 :: 8817 Votes  

Judgement of OLG Hamburg (HRC Hamburg) of 10/03/2009, file number: 7 U 65/08

If the name of an offender is spread in an Internet archive of a newspaper, this can claim to omission due to the injury of his general personal right. The name is spread by the accessibility and the possibility of the inspection of the article. Shortly before the dismissal this must not been tolerated anymore, since the public interest was directed upon the prosecution and conviction and the public is already enough informed about it. 

Category: Internet Law, Media Law, Press Law, Entscheidungen

The fact must be right

Publication date: 08/06/2009

12793 times read
 :: 9338 Votes  

Judgement of OLG Hamm (HRC Hamm) of 17/03/2009, file number: 4 U 184/08

Screenshots show no logical thought for the existence of an online offer and, hence, can justify no competitive relation. A compulsory journalistic reporting lies beyond the events according to competition. If an opinion is indirectly expressed, it is enough if it stands in connection with the external appearance, so the fact core of the statement is proved.

Category: Unfair Competition Law, Media Law, Press 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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