Search results : 1366

Following numerous violations of the Jugendmedienschutz-Staatsvertrag (State Treaty on the Protection of Minors in the Media – JMStV), the Kommission für Jugendmedienschutz (Commission for the Protection of Minors in the Media – KJM) ordered the blocking of a pornographic website in a case referred to it by the Landesanstalt für Medien NRW (North-Rhine Westphalia media authority – LfM NRW). Many user profiles on the widely used German-language website provide unrestricted access to pornographic content, that is clearly likely to seriously impair the development...

On 22 June 2021, the Grand Chamber of the Court of Justice of the EU (CJEU) issued a judgment on the joined cases C‑682/18 and C‑683/18. The case concerned several infringements of the intellectual property rights held by Mr Peterson and Elsevier committed by users of the video‑sharing platform operated by YouTube and the file-hosting and -sharing platform operated by Cyando, respectively. The judgment follows the German Bundesgerichtshof (Federal Court of Justice) request for a preliminary ruling concerning the interpretation of Article 3(1) and Article 8(3) of the InfoSoc Directive, of Article...

On 31 May 2021, the German Bundestag (lower house of parliament) adopted the federal government bill of 12 February 2021 bringing the copyright law into line with the requirements of the Digital Single Market. The new legislation is designed to implement the Digital Single Market Directive (DSM Directive (EU) 2019/790). The main purpose of the bill is to reform the copyright liability of online platforms. Under its provisions on platform liability and extended collective licences, new legal instruments are introduced in German copyright law. It also amends numerous provisions of the Urheberrechtsgesetz...

In a decision of 18 May 2021 (case No. VI ZR 441/19), the Bundesgerichtshof (Federal Supreme Court – BGH) ruled that the plaintiff was not entitled to an injunction against future broadcasting of scenes from the film “Die Auserwählten” in order to protect his own image rights and dismissed his application. The legal dispute was linked to sexual abuse suffered over a period of several years by the plaintiff, among others, as a pupil at the Odenwaldschule in the 1980s. Since 1998, he had been trying to raise awareness of the abuse through the press and by participating in...

On 20 May 2021, the German Bundestag (lower house of parliament) adopted the Gesetz zur Änderung des Filmförderungsgesetzes (Act amending the Film Support Act, doc. 10/27515). This so-called ‘minor amendment’ is designed to provide further guidance on the collection and use of the film levy and to adapt the Act to current pandemic-driven changes to market conditions. At the same time, it places greater focus on ecological aspects of the film production support mechanism. The Filmförderungsgesetz (Film Support Act – FFG) regulates the financial support provided...