Birkenstock fails before the Higher Regional Court of Cologne in copyright dispute regarding “Arizona” and “Gizeh” sandals
Birkenstocks do not fulfil the requirements of a work of applied art within the meaning of §§ 2 par. 1 No. 4, par. 2 UrhG (Act on Copyright and Related Rights), because they are not artistically designed beyond their form – which is dictated by their function.
TikTok publishes films without authorisation – no release from liability according to the Act on the Copyright Liability of Online Content Sharing Service Providers (UrhDaG)
Delaying tactics in the negotiations with the copyright owner do not comply with the licence obligation under Section 4 UrhDaG (Act on the Copyright Liability of Online Content Sharing Service Providers).
Berlin Court of Appeal (KG) decides on the copyright permissibility of framing and the limit of Section 50 of the German Copyright Law (press privilege)
The framing of photos may be permissible under copyright law in the context of current events if this falls within the scope of Section 50 of the German Copyright Law (reporting on current events).
Protectability of the USM Haller Modular Furniture System – A Work of Applied Art?
Should the Evaluation of Originality in a Work (of Applied Art) be based on the subjective creative process or on the object of creation, i.e., the result of the creation from the perspective of an objective observer?
SimonGraeser Achieves Significant Victory for Authors’ Rights – Successful Damages Claim on Behalf of a Professional Photographer against Süddeutsche Zeitung for Failure to Credit Authorship
The court emphasizes the high standards of care in copyright law and the importance of the right to be credited as an author as an expression of the right to personal integrity in authorship