Jan Bernd Nordemann, Author at Kluwer Copyright Blog

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

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Jan Bernd Nordemann (NORDEMANN)/November 24, 2021May 10, 2023 /Leave a comment

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…

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

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 2 of 4: Exploitation rights

Jan Bernd Nordemann (NORDEMANN)/November 18, 2021November 17, 2021 /Leave a comment

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

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Jan Bernd Nordemann (NORDEMANN)/November 17, 2021November 17, 2021 /Leave a comment

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

Duties of DNS resolvers and CDN providers – the CoA Cologne (Germany) finds Cloudflare accountable

Jan Bernd Nordemann (NORDEMANN)/July 12, 2021July 10, 2021 /Leave a comment

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

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Jan Bernd Nordemann, Julian Waiblinger (NORDEMANN)/June 21, 2021June 20, 2023 /Leave a comment

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

Rogue Websites: Domain registrars have a duty to disconnect, says German BGH

Jan Bernd Nordemann (NORDEMANN)/February 15, 2021May 10, 2023 /Leave a comment

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

Art. 17 DSMCD: a class of its own? How to implement Art. 17 into the existing national copyright acts, including a comment on the recent German Discussion Draft – Part 2

Jan Bernd Nordemann, Julian Waiblinger (NORDEMANN)/July 17, 2020June 20, 2023 /Leave a comment

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

Art. 17 DSMCD: a class of its own? How to implement Art. 17 into the existing national copyright acts, including a comment on the recent German Discussion Draft – Part 1

Jan Bernd Nordemann, Julian Waiblinger (NORDEMANN)/July 16, 2020June 20, 2023 /Leave a comment

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…

Artificial Intelligence (AI), Authorship, European Union

AIPPI: No copyright protection for AI works without human input, but related rights remain

Jan Bernd Nordemann (NORDEMANN)/November 21, 2019June 14, 2023 /2 Comments

Rembrandt has been dead for 350 years. He is still admired as one of the greatest painters of all time. No wonder then, that it would be a charming idea to revive Rembrandt. “Can the great Master be brought back to create one more painting?” The answer is yes, at least for a team of…