Germany, Jurisdiction, Legislative process, Making available (right of), Neighbouring rights, Press Publishers ’ Right, Subject matter (copyrightable)

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“Some said this would be like an Opera House charging the taxi drivers for taking the audience to the venue.” It has been more than three years now since the infamous idea of a new neighbouring right for press publishers appeared in the coalition agreement of the second Merkel government out of thin air. On…

Case Law, Collective management, Germany, Infringement, Jurisdiction, Liability

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German Court of First instance rules that YouTube is only liable for secondary liability for user’s infringing uploads, but must prevent future infringements of identified works by screening of and implementing a word filter for new uploads. In this test run case the German composers and lyricists collecting society GEMA claimed that 12 songs of…

Case Law, Germany, Infringement, Jurisdiction, Liability, Making available (right of)

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The German Federal Court of Justice rejects liability for image search thumbnails even if they are indexed on websites showing the images without permission as long as other websites did so with the rights holder’s consent. The first landmark case involving thumbnail previews of Google’s image search function in Germany (Vorschaubilder I, 2010) had dealt…