2004, Cease and Desist and Related Rights - Intellectual Property Pulse

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2004

Cease and Desist

Related Rights

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

JANUARY 31, 2023

Stoererhaftung’ merely provides for a cease and desist and removal obligation where a reasonable duty was breached. The plaintiff in “ uploaded II ” was a scientific publisher that held exclusive rights of making available to the public in medical books. The resulting conclusion in the BGH case law (e.g.,

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). Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. In the view of the BGH, an infringement of the film producer’s related right does not require that a copyright protected part had been used.

Contracts

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

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