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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

The German provisions are based on the relevant provisions in the EU Enforcement Directive (2004/48). The objective value of the right of use had to be determined, in which context it was irrelevant whether and to what extent the infringer themselves would have been willing to pay remuneration for their acts of use.