Image from judgment 4 Ob 97/24d
The Robber Hotzenplotz is the title of a book series for children, written by Ottfried Preußler. The figure of robber Hotzenplotz is characterized on the book cover…
Photo by Donald Giannatti on Unsplash
In April 2021, the Austrian Supreme Court referred two questions of principle to the CJEU concerning the activity of a satellite TV package provider (Austrian…
Photo by CardMapr on Unsplash
The Austrian Supreme Court held that YouTube – as a host service provider - was not responsible for copyright infringements by its users as long as it was not put on…
Image by S. Hermann & F. Richter from Pixabay
Although the legal consequences of infringement of different IP rights (e.g. copyright, trademarks and patents) are in principle identically regulated…
ORF/Facebook - First follow up ruling after CJEU C18/18 – Glawischnig/Facebook
First, a little bit of history. Back in 2016, a Facebook post containing an article with a photograph of the former…
On Valentine’s Day, the Higher Regional Court of Vienna (docket no 4 R 119/18a) issued a judgment on a complaint by the Austrian broadcasting company Puls 4 against YouTube, predating the much…
According to the Vienna Commercial Court, YouTube is not a mere host provider.
Host providers are privileged, and shall not be liable for information stored if the provider does not have actual…
The Austrian Supreme Court has recently shed some light on the requirements for the admissible quotation of photos (judgment of 26 September 2017, 4Ob81/17s).
In this case, a photographer had taken…
A photographer took a portrait of a lawyer, who subsequently published the portrait in numerous newspaper articles. A lawsuit was initiated by an association enforcing the rights of the photographer…
