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IRIS 2014-5:1/12 [DE] Cologne District Court equates non-commercial use with private use under Creative Commons licences

In a ruling of 5 March 2014, the Landgericht Köln (Cologne District Court - LG) dealt for the first time with the meaning of the condition “no commercial use” attached to Creative Commons (CC) licences (case no.: 28 O 232/13). The plaintiff, a photographer whose pictures were made available for public use under a “Creative Commons Licence Attribution-NonCommercial 2.0″, had launched court proceedings against Deutschlandradio after the broadcaster had made one of his photographs available to the public on its website “dradiowissen.de” in order to illustrate a programme. The LG Köln did not think...

IRIS 2014-5:1/11 [DE] Judicial review applications against ZDF Inter-State Agreement largely successful

In a ruling of 25 March 2014, the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) decided that the provisions of the Staatsvertrag über das Zweite Deutsche Fernsehen (Inter-State Agreement on Zweites Deutsches Fernsehen - ZDF-StV) on the composition of the supervisory bodies breached Article 5(1)(2)(2) of the Grundgesetz (Basic Law - GG) in several respects and were therefore unconstitutional. The ruling explained that the basic right of broadcasting freedom (Article 5(1)(2)(2) GG) required that a system should be established that ensured that the diversity of opinions was presented...

IRIS 2014-5:1/10 [DE] Sat.1 third-party transmission time: two urgent applications partially upheld

In two decisions of 5 March 2014 (5 L 753/13.NW and 5 L 694/13.NW), which have not yet been published in full, the 5th Chamber of the Verwaltungsgericht Neustadt an der Weinstraße (Neustadt an der Weinstraße Administrative Court) partially granted the applications of Sat.1 SatellitenFernsehen GmbH and N24 Media GmbH for temporary legal protection against the allocation of transmission time for independent third parties (so-called third-party transmission time) on the main Sat.1 channel. Sat.1 remains obliged, at least temporarily, to broadcast the third-party programmes in full. According to the...

IRIS 2014-4:1/11 [DE] Saarbrücken Regional Court Lays Down Examination and Blocking Obligation for Domain Name Registrars in Relation to Copyright Infringements

In a ruling of 15 January 2014 (case no. 7 O 82/13), the Landgericht Saarbrücken (Saarbrücken Regional Court) ruled that a domain name registrar is obliged, if it has received a clear report of a copyright infringement, to examine and, if necessary, block the website concerned. A German storage media manufacturer had filed an action against an internationally active domain name registrar. In return for payment, the registrar registers and manages top-level domains, including “.com”, both directly and via resellers from all over the world. In August 2013, the plaintiff claimed that a music album...

IRIS 2014-4:1/10 [DE] Munich Regional Court Finds YouTube’s Use of GEMA Blocked Content Messages Unlawful

According to media reports, the Landgericht München (Munich Regional Court - LG) issued a ruling on 25 February 2014, banning Google subsidiary YouTube from continuing to use its blocked content messages. In doing so, it granted a request for an injunction submitted in the first instance by the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (society for musical performance and mechanical reproduction rights - GEMA). One of the messages displayed when users try to download certain videos says (in German): “Unfortunately, this video is not available in Germany,...