The most important facts about the new copyright contract law
The new copyright contract law came into force on March 1, 2017. We explain what you should know as an author.
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Changing the location of a work is copyright infringement
A homeowner must allow a removed sculpture to be reinstalled. Changing the location of the sculpture is already an infringement of copyright.
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Twitter post is not a copyrighted work
Bielefeld Regional Court states: In principle, a tweet on Twitter is not a protected linguistic work within the meaning of Section 2 (1) No. 1, (2) UrhG.
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Demand for the original power of attorney – Inadmissibility of the condition of a cease-and-desist declaration
LG Berlin: A declaration to cease and desist may not be made subject to the condition that it is only valid if the party issuing the warning sends an original power of attorney.
Artwork: Pechstein forgery may be destroyed
Berlin Regional Court: The forgery of one of Pechstein’s paintings may be destroyed. The destruction of the work “Beach scene with boat” is not disproportionate.
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Contractual penalty: Image does not have to be deleted from Google Cache!
According to the OLG Zweibrücken, an obligation to cease and desist does not include the obligation to delete the copyrighted works from the Google cache.
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State liable for copyright infringements by its teachers
If a teacher commits a copyright infringement on the homepage of his school, the federal state concerned is liable for this infringement.
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Value in dispute of an application for injunctive relief for unauthorized photo use
OLG Hamm: The amount in dispute for an application for injunctive relief in the event of unauthorized use of a high-quality photo for advertising purposes is not less than € 5,000.
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LG Hamburg: Copyright liability for linked pages
LG Hamburg: Operator of a website is also liable for copyright infringement on pages linked by him.
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Cost trap warning letter in copyright law
Beware of the cost trap: If the warning does not comply with the legally prescribed form, the person issuing the warning must bear all costs themselves.
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