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    Publishing contracts and recycling of code

    Geschätzte Lesezeit: 2 Minuten

    Creating and correcting publishing contracts for computer games is just as much my day-to-day business as contracts for freelancers and other agreements. Again and again, in addition to questions of deductible costs, copyright is not only a problem, but can also quickly become a trap/risk for a developer studio, which is sometimes not noticed until […] More

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    Is it allowed to reproduce Italian cultural monuments in our own works?

    Geschätzte Lesezeit: 3 Minuten

    The following article was originally written by Andrea Rizzi of www.insightlegal.it and will be published here in German and in an adapted version. The Italian courts have recently demonstrated their willingness to enforce the Italian regime, which requires that any reproduction of Italian ‘cultural assets’ (as defined in the Italian Code of Cultural Property – […] More

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    Are rules of the game protected in Germany?

    Geschätzte Lesezeit: 2 Minuten

    Time and again, the question arises in the area of computer game tenants whether game rules are protected or whether one should “copy” them. The answer of a lawyer is “It depends”. In principle, rules of the game are not protected. However, the concrete results of a game, such as names, graphics, texts, setting, possibly […] More

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    VG Media loses at the ECJ over performance protection law

    Geschätzte Lesezeit: < 1 Minute

    VG Media filed an action for damages against Google in the Landgericht Berlin for allegedly infringing the copyrights of its members. VG Media argued that since 1 August 2013, its search engine and automated news site, Google News, had used press snippets of its members without paying any fees. The Landgericht Berlin had doubts as […] More

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    ECJ rules on copyright protection of forms and models

    Geschätzte Lesezeit: 2 Minuten

    The Supreme Court in Portugal is currently dealing with a legal dispute over forms and models of fashion and other clothing. Under EU law, intellectual property is protected, inter alia, by works whose authors have the exclusive right under the Copyright Directive to authorise or prohibit reproduction, communication to the public and distribution. In addition, […] More

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    Free software also enjoys copyright

    Geschätzte Lesezeit: < 1 Minute

    Time and again you can see that it is believed that free software, especially shareware or freeware, can be packed on your own servers/websites, as it is free of charge. This is nonsense, of course, but it feels very widespread nonsense. Now the Federal Court of Justice has also dealt with the issue and, with […] More

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    Sampling may or may not infringe copyrights!

    Geschätzte Lesezeit: 3 Minuten

    Kraftwerk’s long-running trial of Moses Pelham and Martin Haas seems to be coming to an end. Today, the ECJ has ruled. The Bundesgerichtshof (Federal Court of Justice), which is seised of the case, sought to know from the Court, inter alia, whether, under the copyright and the law of related rights of the European Union […] More

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    OLG Frankfurt and copyright logo protection

    Geschätzte Lesezeit: < 1 Minute

    The issue of copyright protection of logos is always the basis of litigation. This applies especially when logo generators from the Internet are used. But even when professional graphic designers create logos, but only become creative to a limited extent or fall back on existing assets. Especially with platforms like Upworks or Fiverr, you experience […] More

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    Attention to the contract with a photographer

    Geschätzte Lesezeit: < 1 Minute

    For this reason, I would like to point out once again that operators of online shops similar websites with many graphics and photos pay close attention to the contracts of the photographers concerned. This applies both to the use of stock photos (see this article or this article but also to this reference to the […] More

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    Exploitation rights to articles of an editor

    Geschätzte Lesezeit: 2 Minuten

    My career in the gaming industry started as the operator of a computer game magazine (before that I was editor myself to finance my studies), so I find a recent ruling of the Regional Labour Court Düsseldorf very interesting. This had to deal with the copyrights of an article written by the magazine with regard […] More

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    Pictograms can be copyrighted

    Geschätzte Lesezeit: 2 Minuten

    In a recent ruling, the Frankenthal District Court stated that pictograms can also be protected by copyright and therefore cannot simply be printed on T-shirts without permission, as is done here in the current decision. The defendant was a well-known supplier of T-shirts in the dropshipping business. The fact that a pictogram can be protected […] More

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    Twitch and use of music?

    Geschätzte Lesezeit: 2 Minuten

    Background music in Twitch? Especially in live streams on Twitch, background music from well-known sources is often taken. Or it will adorn entire videos. If these are well-known artists, one has to consider whether GEMA fees apply for this use. Unlike YouTube, there is no contract between GEMA and Twitch to cover the use of […] More

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    Copyright: Dispute value cap per subject matter of dispute

    Geschätzte Lesezeit: < 1 Minute

    On 24.05.2019, the Mannheim Regional Court ruled that the value of the subject-matter for the calculation of the right to reimbursement of costs for the legal fees for a copyright warning to private individuals is capped at EUR 1,000.00, but this value is not per warning, but per subject matter of the dispute. The provisions […] More

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    OLG Celle: Capping of warning costs for file sharing

    Geschätzte Lesezeit: < 1 Minute

    Currently there is an interesting verdict from the OLG Celle regarding warnings and complaints in the field of file sharing. This concerns the transferability of so-called ‘factor jurisdiction’ to computer games, namely how much compensation can be claimed by means of the licence analogy. In doing so, the OLG Celle has decided that the capping […] More

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