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.

Judgement of OLG Hamburg (HRC Hamburg) of 16/04/2009, file number: 5 U 101/08

The software programme "Autobingooo" which searches databases like "autoscout24.de" for certain offers does not damage the copyright database with its searching processes if this multiplies, on this occasion, not substantially and limits itself to a qualitative choice of the offers.

Judgement of LG Köln (Regional Court Köln) of 13/05/2009, file number: 28 O 811/08

A TV-station has broadcasted, in its breakfast programme, foreign broadcasting material several times without licence. This is generally allowed for the purposes of reporting about events of the day (§ 50 UhrG – Copyright Act) and use of citations (§ 51 UhrG – Copyright Act), nevertheless is subject to high requirements. The contribution of foreign material may merely bolster. A new work must be originated. In case of prevailing compositions of foreign film material, the author would be involved in the economic exploitation of his work.

Judgement of AG Köln (Local Court Cologne) of 04/06/2009, file number: 137 C 590/08

A customer has connected a radio in the office, afterwards he has gone away. A public reproduction of radio transmissions shall be represented by the manager only if he has known about that and he has wanted it (§ 15 paragraph 2, 3 UrhG – Copyright Act). The fact that he has not asked his employees to interrupt the transmission promptly is not a reliable conclusion.

Press release No. 3/09 of LG Frankfurt/Mail (Regional Court Frankfurt/Main) to the judgement of 13/05/2009, file number: 2-06 O 172/09

The 6th Civil Division of the Regional Court Frankfurt has decided in the preliminary injunction about the possibilities of a university library for digitization of moved works and the authorisation to make those available to the users of the library.

Decision of the OLG Köln (HRC Cologne) of 05/05/2009, file number : 6 W 39/09

A connection holder, who is unknown in the decision on the kind of information, has no own complaint right. Since, by the judicial permission of the identity revelation, he is not directly burdened. Against it, the ordinary law judicial decree allows an independent and effective legal control before the permission.

Judgement of EuGH (ECJ) of 20/01/2009, file number: C-240 / 07

Music titles recorded before the 1st of January, 1966 enjoy no copyright protection according to German Law. On the directive 2006 /116 / EC of the European Parliament and of the Council, works from before 1966 are also registered. Also citizens from outside the European Community are registered. European directives have precedence. Thus, works of the American Bob Dylan produced between 1958 and 1965 are also protected by copyright and may not be unjustified copied on sound carrier.

Judgement of LG Hamburg (Regional Court Hamburg) of 26/09/2008, file number: 308 O 248/07

Holding copyright pictures ready as "thumbnails" in the database of a picture search engine means a publicly accessibility in terms of § 19a UrhG (Copyright Act), which is not covered by copyright regulations and for which the picture search engine operator is liable as offender.

Judgement of LG München (Regional Court Munich) of 23/01/2009, file number: 21 O 13662/07

An illustrator, due to the drawing of figures or drawing of scenes with doubtful figures, does not become a co-author of the literary characters or the whole literary work. Hence, this helps neither immediately nor indirectly in doubtful works and can raise no claims for compensation.

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...

Judgement of AG Bochum (Local Court Bochum) of 20/01/2009, file number: 65 C 403/08

Also with numerous invited guests and without need of presentation of a written invitation, the reproduction of a piece of music at a wedding means no injury of the copyright if just personally invited guests take part in the event and thereby all visitors generate the feeling that they belong to a private function.

Judgement of BGH (Federal Supreme Court) of 17/07/2008, file number: I ZR 168/05

A summary of several or all offence to one single infringement against an omission command after the principles of the natural unity of action or an action in the legal sense diverges if the parties have agreed on a contractual penalty for every single sold product.