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For most of its existence, international copyright policy at the World IntellectualProperty Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es. by Christopher Heath. €
Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Relatedrights. The BGH issued a decision on this point in 2017. by Christopher Heath. €
This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and RelatedRights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December). Stay tuned!
In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. The BGH considered a licence fee in the amount of 100 Euro to be appropriate to cover the objective value of the right of use. From a copyright law perspective, this would mean every copyright infringement.
In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.
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