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). As far as material damages in the form of an appropriate licence fee are concerned, the BGH confirmed, in a 2018 decision , that the starting point is the fictitious conclusion of a licensing agreement.
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