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ITMediaLaw - Rechtsanwalt Marian Härtel > Copyright > OLG Celle: Capping of warning costs for file sharing

OLG Celle: Capping of warning costs for file sharing

22. May 2019
in Copyright
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urheberrecht

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 of the warning costs in accordance with Section 97a para. 3 Sentence 2 UrhG should be applied to typical file-sharing warnings and an exception to them would only be appropriate if, in accordance with Paragraph 97a(4). 3 Sentence 4 UrhG, the infringements take place in the context of the initial publication or there is a large-scale copyright infringement. Nor can I derive anything else from Article 14 of the Directive on the Enforcement of Intellectual Property Rights (2004/48/EC) – the Enforcement Directive.

This is somewhat at odds with the previous view of other courts, which have in principle rejected the cap on file sharing, because in typical cases the sharing of the files is always done to a completely unmanageable, large number of users.

The case law in the file-sharing sector remains exciting and varied. Who would have thought that.

Tags: AGBCase lawCelleComputerComputer gameCopyright infringementDamagesFilesharingGamesLawsuitLizenzUrheberrechtWarning

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  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
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    • Outsourcing – for companies or law firms
    • Booking as speaker
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