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To infringe or not to infringe? German Federal Supreme Court decides on sampling of music

Reed Smith LLP
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Germany
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March 25 2013

Section 24 (1) of the German Copyright Act permits the publication and exploitation of an independent work that is created in free use of a work of

The privacy battle continues between Germany's ULD and Facebook

Reed Smith LLP
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Germany
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February 20 2013

One more chapter to the never ending story of the protagonist Facebook and ULD, the data protection authority of Schleswig-Holstein, has been written

Federal Court of Justice: transcripts of a radio contribution may be kept available online even if they expressly state the names of convicted persons

Reed Smith LLP
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Germany
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January 27 2010

On December 14, 2009, the German Federal Court of Justice decided (file nos. VI ZR 22708 and VI ZR 22808 the complete judgments are not available yet) that the defendant Deutschlandradio (a German radio station) is permitted to make non-current transcripts of broadcast contributions that explicitly identify the names of the convicted murderers of the famous German actor Walter Sedlmayr available in its online archive

Federal Court of Justice: GEMA not competent to grant licenses for use of music in advertising

Reed Smith LLP
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Germany
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January 27 2010

The German Federal Court of Justice decided in a decision of June 10, 2009 (file no. I ZR 22606, published with full opinion only November 30, 2009), that the German collecting society for musical rights, GEMA, is currently not competent to license rights of its members regarding the use of musical works in advertising

‘Appropriate remuneration’ for translators under German copyright law German Federal Court of Justice decides in favor of translators

Reed Smith LLP
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Germany
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January 27 2010

In five parallel matters decided by the German Federal Court of Justice October 7, 2009 and published by the court recently (case nos. I ZR 3807, I ZR 3907, I ZR 4007, I ZR 4107 and I ZR 23006), the court further interpreted the provisions on appropriate remuneration for licensors in German copyright law

Host of German version of the TV show “Who Wants to Be a Millionaire?” wins legal battle for the right to use his picture

Reed Smith LLP
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Germany
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September 25 2009

Günther Jauch, the host of the German version of the famous TV show "Who Wants to Be a Millionaire?", fought a battle through the instances that found a positive ending for him before the German Federal Court of Justice in March of this year, with the full decision published only recently (I ZR 807

Federal Court of Justice: “Internet-based” video recorders are generally illegal

Reed Smith LLP
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Germany
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June 22 2009

The Federal Court of Justice had to decide on April 22, 2009 on the legitimacy of so-called "Internet-based" video recorders

The opera “Motezuma” by Antonio Vivaldi still protected under copyright law?

Reed Smith LLP
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Germany
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April 20 2009

On Jan. 22, 2009, the German Federal Court of Justice rendered judgment (I ZR 1907) in a case concerning the question of whether or not the Berliner Sing-Akademie, a professional choir in Berlin, had a right to claim exclusive rights of exploitation to Vivaldi’s opera “Motezuma” under Sec. 71 of the German Copyright Act, asserting that the work had never been published prior to the claimants’ initial release of the work after expiry of its copyright protection

Federal Court of Justice decision regarding ring tones

Reed Smith LLP
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Germany
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April 20 2009

The German Federal Court of Justice has decided a highly anticipated decision regarding the use of ring tones

Internet advertising

Reed Smith LLP
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Germany
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June 18 2008

A recent decision by the Regional Court of Frankfurt, regarding advertising on the Internet, caused some ripples through the legal community

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