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This contribution is based on a paper published in 44 European IntellectualPropertyLaw Review 595 (2022). . As is known, originality has always been the essential requirement of copyright law, and only works that show some minimum amount of this attribute usually fall within the scope of protection.
When you enforce your copyright, you enforce your copyright-relatedrights, which fall under IntellectualPropertyRights (IPRs). The copyright owner or holder has the right to control who uses his creative work and the contexts in which the said work could be used.
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. The BGH assumed that an infringement of the relatedright of the film producer had occurred.
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 moralrights.
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