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.

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.

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.

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.

Judgement of LG Köln (Regional Court Cologne) of 13/05/2009, file number: 28 O 889/08

Those who make available an Internet access in own household and therefore make possible the participation in music file sharing networks, have the obligation to check and perform if needed. According to the court, to prohibit the children expressly and specifically to download music, it is not enough. As effective action, they would have had to set up the computer with limited rights as well as a Firewall, which prevent the download of data from the computer.

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.

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 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.