Germany Archives - Page 5 of 11 - Kluwer Copyright Blog

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…

CDSM Directive, Digital Single Market, European Union, Germany, Legislative process

In copyright reform, Germany wants to avoid over-blocking, not rule out upload filters – Part 2

Felix Reda (GFF (Society for Civil Rights))/July 10, 2020June 20, 2023 /Leave a comment

The first part of this post provided an introduction to the German implementation proposal for Article 17 DSM Directive (the Copyright Service Provider Act), and a discussion of the proposed rules on user rights and pre-flagging. This Part 2 continues with an analysis of the newly proposed exceptions and limitations, the German efforts to achieve…

CDSM Directive, Digital Single Market, Enforcement, European Union, Germany, Legislative process

In copyright reform, Germany wants to avoid over-blocking, not rule out upload filters – Part 1

Felix Reda (GFF (Society for Civil Rights))/July 9, 2020June 20, 2023 /1 Comment

Germany was the main battleground over last year’s adoption of the EU Directive on Copyright in the Digital Single Market (DSM Directive). After 200,000 people took to the streets against impending restrictions of their freedom of communication, the German government promised to avoid the use of upload filters in its national implementation. One of the…

Case Law, CJEU, Communication (right of), European Union, Germany

Does copyright law have to balance fundamental rights beyond the written exceptions? Unfortunately, the German Federal Supreme Court has recently left this question open.

Viktoria Kraetzig (University of Frankfurt)/May 28, 2020May 10, 2023 /Leave a comment

German Federal Supreme Court (Bundesgerichtshof) decisions of April 30, 2020 ( I ZR 139/15 and I ZR 228/15) Recently, the German Federal Supreme Court issued press releases in two cases which are of fundamental importance for the relationship between copyright and conflicting fundamental rights. Specifically, the two cases, Funke Medien (also known as “Afghanistan Papiere”) and Spiegel…

CJEU, Communication (right of), Digital Single Market, European Union, Germany, Infringement

German Federal Supreme Court defends press freedom in two high-profile copyright cases, no resolution of sampling dispute

Felix Reda (GFF (Society for Civil Rights))/May 1, 2020May 10, 2023 /Leave a comment

Yesterday the German Federal Supreme Court (Bundesgerichtshof) published its rulings on three long-standing copyright disputes involving fundamental rights. All three cases had been the subject of preliminary rulings by the CJEU last year, case C‑469/17 (Funke Medien), case C‑516/17 (Spiegel Online) and case C‑476/17 (Pelham). In the two press freedom-related cases, the German Federal Supreme…

CDSM Directive, Digital Single Market, European Union, Germany

Felix Reda (GFF (Society for Civil Rights))/April 13, 2020June 20, 2023 /Leave a comment

A year after the adoption of Directive 2019/790 on copyright and related rights in the Digital Single Market, many questions about its compatibility with fundamental rights remain unanswered. Germany, the epicenter of public protests against the directive’s most controversial provisions, is also the origin of frequent fundamental rights-related requests for preliminary rulings on EU copyright…

Case Law, Germany, Infringement, Making available (right of), Software

BGH: uploading a free-trial version of Microsoft Office is also making available to the public

Gionata Bouchè (Institute for Information Law (IViR), University of Amsterdam)/February 20, 2020May 10, 2023 /1 Comment

On 28 March 2019, the German Federal Court (BGH) was asked to review a lower court’s decision on the legality of the unauthorised uploading of the 30 day free trial version of Microsoft software on an online trader’s website. This gave the BGH the chance to further clarify the applicability of the German Copyright Act…

CJEU, European Union, Exceptions and Limitations, Germany, Infringement, Reproduction (right of)

Sample, sample in my song, can they tell where you are from? The Pelham judgment – Part II

João Pedro Quintais (Institute for Information Law (IViR)) and Bernd Justin Jütte (University College Dublin)/November 19, 2019May 10, 2023 /Leave a comment

The first part of this blogpost discussed the interpretation given to the right of phonogram producers under Article 2(c) of Directive 2001/29/EC (InfoSoc Directive) and Article 9(1)(b) of Directive 2006/115 (Rental and Lending Rights Directive) by the Court of Justice of the European Union (CJEU or Court) in Pelham. Contrary to the Opinion of Advocate…