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The German provisions are based on the relevant provisions in the EU Enforcement Directive (2004/48). The question as to whether the required serious infringement of moralrights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case.
However, the conversation being considered as a contract between them was unclear regarding the IP rights. The creator was vague in terms of rights that they will keep in terms of moralrights or was it an implied license as terms were not clearly stated though there was a transaction. 2d 119 (2d Cir. 2d 945 (9 th Cir.
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