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Copyright European Union Germany

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Goodwin

France Takes Pioneering Step in Recognizing Blockchain Time-Stamping as Proof of Authorship in Intellectual Property

Goodwin on

In a landmark decision, France has joined the ranks of leading jurisdictions in recognizing blockchain as a valid method for establishing proof of authorship and intellectual property (IP) rights....more

Jones Day

Wallpaper With Copyright-Protected Images: Limits to "Expected Commercial Use" in Germany, France and the United Kingdom

Jones Day on

The Situation: Photo wallpaper will most likely be copyright-protected. There are limits to implied consent of the rightsholder, particularly in relation to the commercial use of images or other copyright-protected objects in...more

McDermott Will & Schulte

Data Mining for AI Systems Training Permitted Under German Law

In a landmark decision, a German district court recently decided that copying images to create a data set that can potentially be used for training generative artificial intelligence (AI) systems does not infringe German...more

Morrison & Foerster LLP

To Scrape or Not to Scrape? First Court Decision on the EU Copyright Exception for Text and Data Mining in Germany

On September 27, 2024, the Regional Court (Landgericht) of Hamburg, a court of first instance (the “Court”), dismissed a cease-and-desist claim by the photographer Robert Kneschke against LAION e. V. that the scraping of his...more

Spirit Legal

Urheberrechtsreform 2021 Teil 2: Das Urheberrechts-Diensteanbieter-Gesetz (UrhDaG)

Spirit Legal on

Nach dem Bundestag hat am 28.05.2021 nunmehr auch der Bundesrat den Gesetzesentwurf zur Anpassung des Urheberrechts an die Erfordernisse des digitalen Binnenmarktes mit der erforderlichen Mehrheit verabschiedet. Die...more

Spirit Legal

Musikrecht: Urheber muss bearbeitetem Foto auf Albumcover zustimmen

Spirit Legal on

Die Verwendung fremder Fotografien kann urheberrechtlich problematisch sein. Das gilt auch, wenn fremde Bilder bearbeitet werden. Doch wann genau benötigt man die Erlaubnis des Urhebers für eine Bearbeitung und wann nicht?...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - April 2022

To help organisations stay on top of the main developments in European digital compliance, Morrison & Foerster’s European Digital Regulatory Compliance team reports on some of the main European digital regulatory and...more

Morrison & Foerster LLP

2021 to 2025: The Incoming German Government’s Agenda for Digital Regulatory Compliance

Morrison & Foerster LLP on

On December 7, 2021, the incoming German government signed its coalition agreement for the 2021 to 2025 tenure. The agreement sets the policy agenda for the new government, consisting of Social Democrats, Greens, and...more

Hogan Lovells

EU General Court: Standardisation documents can enjoy copyright protection

Hogan Lovells on

The EU General Court (GC) recently ruled on copyright protection for standardisation documents, such as DIN (German Institute for Standardisation) documents. The GC ruled that, under certain circumstances, such documents can...more

Hogan Lovells

The end of an odyssey: The German Act to adapt copyright law to the requirements of the Digital Single Market

Hogan Lovells on

The German Act to adapt copyright law to the requirements of the Digital Single Market will enter into force on 7 June 2021 – as the first national transposition of the Digital Single Market Directive ...more

Hogan Lovells

EU Copyright Directive: Further clarity on Art. 17 at EU level but also national concerns

Hogan Lovells on

While further clarity on the Copyright in the Digital Single Market Directive (“DSM Directive”) can be expected at the European level in the next two weeks with the guidelines of the EU Commission on Art. 17 of the DSM...more

McDermott Will & Schulte

Freeze Frame: EU Copyright Holders Entitled to Restrict Framing

In a case referred by German authorities, the Court of Justice of the European Union (CJEU) resolved a dispute between a visual arts copyright collecting society and a cultural heritage foundation involving a digital library...more

Hogan Lovells

Lindgren heirs win in dispute over Pippi Longstocking lyrics

Hogan Lovells on

In a recent ruling by the Regional Court Hamburg (Case No. 308 O 431/17), the court awarded the heirs of children's book author Astrid Lindgren a right to information ...more

Spirit Legal

Ruling of the regional court Frankfurt: Sea rescuer obtains a cease and desist order against former Deputy Prime Minister of...

Spirit Legal on

In a decision dated 23 September 2020 (Case No. 2-06 O 335/19), the Frankfurt Regional Court ordered the former Italian Minister of the Interior, Matteo Salvini, at the request of Mission Lifeline crew member Friedhold...more

Spirit Legal

Wie Fotografen bei Urheberrechtsverletzungen erfolgreich Ansprüche durchsetzen können

Spirit Legal on

In diesem Beitrag werden die drei wichtigsten Fragen beantwortet: - Welche Ansprüche hat der Urheber bei Urheberrechtsverletzungen? - Warum ist der Auskunftsanspruch für den Urheber so wichtig? - Welche Möglichkeiten...more

McDermott Will & Schulte

Special Report - 2019 IP Law Year in Review – European Issues

The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more

Dorsey & Whitney LLP

Déjà vu as EU court revisits online platform liability for infringing content uploaded by users

Dorsey & Whitney LLP on

The European Union’s highest court will have another opportunity to consider the issue of the liability of online platforms for copyright infringing content uploaded and shared by users. Two referrals from national courts...more

Hogan Lovells

German withholding taxes in “total buy-out” IP agreements

Hogan Lovells on

In a recently published decision, the German Federal Tax Court (Bundesfinanzhof, BFH) clarified for the first time that a remuneration for the complete transfer of rights in the context of a “total buy out” against a one-off...more

Morrison & Foerster LLP

Time to Hit Pause: Copyright Infringement on User Generated Platforms – When Is the Platform Provider Liable for Damages?

The German Federal Supreme Court presses the EU Court of Justice to clarify when online platforms are liable under EU law for damages for copyright infringements by content made available by their users. Content uploaded...more

Hogan Lovells

Advocate General rejects copyright infringement in German Afghanistan Papers case

Hogan Lovells on

Can the Federal Republic of Germany invoke a copyright on military status reports? This is the key question currently before the European Court of Justice (CJEU) (Case Ref. C-469/17)....more

Morrison & Foerster LLP

Trick or Treat: Judgment Grants “Das Boot” Cameraman Increased Remuneration but Cancels Out Interest Claims

Morrison & Foerster LLP on

Jost Vacano, acclaimed cameraman of the 1980s blockbuster “Das Boot,” has landed another – though tainted – success in his chain of legal proceedings for additional remuneration on the basis of the bestseller rule contained...more

Hogan Lovells

German Federal Court of Justice submits copyright dispute over YouTube to CJEU

Hogan Lovells on

This week, copyright is all over the place. After the European Parliament voted on proposed copyright reform in Europe last Wednesday (12 September 2018), the long-awaited decision of the German Federal Court of Justice (BGH)...more

Hogan Lovells

Germany: No indirect liability for open Wifi

Hogan Lovells on

At the end of July, the German Federal Court handed down its judgment in a copyright case having huge impact for operators of open Wifi services. For the first time, the judges had to deal with Sec. 7 (4) and Sec. 8 (1) s. 2...more

Hogan Lovells

CJEU: Re-posting content is a “communication to the public”

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Copying an image from a website and using it for one’s own purposes, e.g. the illustration of a memo which eventually happens to be uploaded to another website – this happens a hundred times every day. However, such conduct...more

Hogan Lovells

Europe: Can new “hate speech” legislation set the mould for the Copyright Directive?

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The phenomenon of so-called “Hate Speech” has been in the public eye for a while now, but particularly in German news. Hate speech denotes verbal attacks and accusations based on personal attributes such as race, religion,...more

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