CDSM Directive, Digital Single Market, Enforcement, European Union, Infringement, Legislative process, Liability

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At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). But first let’s take a look at Mars (the…

Collective management, Damages, Germany, Injunction, Jurisdiction, Liability, Remuneration (equitable)

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Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here, here and here.         VII. Copyright contract law (Sections 31 et seqq. UrhG) Right of remuneration (Sections 32 et seqq. UrhG) German copyright law stipulates…

Case Law, Exceptions and Limitations, Germany, Jurisdiction, Software

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Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here, and part 4 will be published on the blog shortly.   IV. Related rights In addition to rights of the author, German copyright law also recognises…

Communication (right of), Distribution (right of), Germany

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Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here, and parts 3 and 4 will be published on the blog over the coming days.       III. Exploitation rights (Sections 15-24 UrhG) Germany has regulated exploitation rights, as…

Authorship, Case Law, Germany, Jurisdiction, Moral rights

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We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an…

Germany, Infringement, Liability

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According to a recent Oberlandesgericht (Court of Appeal – CoA) Cologne ruling, providers of DNS resolvers may be held accountable to DNS block domain names used by websites which run an illegal business model dedicated to copyright infringements. Additionally, providers of content delivery networks (CDNs) have a duty to stop their services for such rogue…

CDSM Directive, Communication (right of), Digital Single Market, European Union, Legislative process

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Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. This has caused extensive debates on the national level comparable to the debate that took place when Art. 17 DSM Directive was introduced in 2019. But…

Case Law, Enforcement, Germany

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Everybody on the internet needs domain names. This also true for websites which run an illegal business model dedicated to copyright infringements. Such rogue websites are also called structurally copyright infringing websites. The German highest civil court Bundesgerichtshof (“BGH”) [German Federal Supreme Court] has now held that domain registrars have duties of care to disconnect…

CDSM Directive, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Germany, Legislative process, Liability

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Part 1 of this post illustrated the criteria differentiating Article 17 of the EU Directive on copyright and related rights in the Digital Single Market (“DSMCD”) from Article 3 InfoSoc Directive and came to the conclusion that the relationship between the two provisions cannot be explained by a sui generis right, which follows its own…

CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Germany, Legislative process, Liability

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Part 2 of this publication will be published on the Kluwer Copyright Blog shortly.  “… [T]his Directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area, in particular Directives … 2001/29/EC.”. Art. 1(2) of the EU Directive on copyright and related rights…