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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). This does require a violation of a due diligence obligation, however. 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.