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  Photo by Christian Wiediger from Unsplash 2021 saw a very active German Bundesgerichtshof (“BGH” - Federal Supreme Court) in the area of copyright law. This article covers the most relevant…

  Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German…

  Photo by Norbert Braun from Unsplash Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright…

  Photo by Norbert Braun from Unsplash In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for…

 At the time that Directive 2019/790/EU (DSM Directive) was being developed, much media attention was focussed, over a period of many months, on the liability of online content sharing service…

  Image of conolan on Pixabay Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the…

Part 1 of this post illustrated the criteria differentiating Article 17 of the EU Directive on copyright and related rights in the Digital Single Market (“DSMCD”) from Article 3 InfoSoc Directive and…

Part 2 of this publication will be published on the Kluwer Copyright Blog shortly.  “… [T]his Directive shall leave intact and shall in no way affect existing rules laid down in the directives…

Decision of the German Bundesgerichtshof of April 27, 2017, file no. I ZR 247/15: “AIDA Kussmund” (“AIDA Kissmouth”) In “AIDA Kissmouth”, the German Bundesgerichtshof (“BGH”), Germany’s highest civil…