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The Code of the Cultural and Landscape Heritage’s legal force is separate from copyrightlaws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ).
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. Copyright contract law (Sections 31 et seqq. Claims under copyrightlaw. Right of remuneration (Sections 32 et seqq.
Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. TB did not counter this argument and failed to submit any evidence to demonstrate the existence of the claimed copyrights. One image is depicted below.
The resulting conclusion in the BGH case law (e.g., Stoererhaftung’ merely provides for a cease and desist and removal obligation where a reasonable duty was breached. This is not an indirect liability concept. Importantly, no claims for damages were possible. This question has not yet been answered by the CJEU.
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