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Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

JANUARY 31, 2023

Under German law, there are no special rules governing liability in cases of intellectual property rights infringements. Stoererhaftung’ merely provides for a cease and desist and removal obligation where a reasonable duty was breached. The resulting conclusion in the BGH case law (e.g., Swan € 112

Copyright Law 52
Copyright Law Copyright Law Copyright Infringement 52
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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

The German provisions are based on the relevant provisions in the EU Enforcement Directive (2004/48). Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. In the view of the BGH, an infringement of the film producer’s related right does not require that a copyright protected part had been used.

Contracts 98
Contracts Copyright Law Cease and Desist 98
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