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03322 5078053

Protect streamers from warnings

As I have pointed out several times in posts, the risk of running into the warning trap, especially from young, inexperienced streamers, is not so low. Dorothe Bär, the Digital Minister of State in the Chancellery, wants to try to defuse the problem area of sheikh advertising.

The basis for regulations in this area is likely to be the forthcoming Act to Strengthen Fair Competition, which is to contain a series of coordinated measures to prevent abuse of the tried-and-tested warning right and to improve transparency in copyright warnings.

It should be stressed, however, that this should really only be about containing unjustified warnings or those that would sometimes fail in courts on the so-called objection to abuse of rights. The law will not curtail the possibilities of warnings. These are a proven and tried and tested means of achieving legal peace in the IT/IP sector and also relieve German courts.

Thus, the law will not relieve any streamer or other provider from doing its “homework” to comply with applicable laws and jurisdictions. However, if you follow general guidelines, such as those in this guide, you could be a little more protected in the future.

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Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.

Phone

03322 5078053

E‑mail

info@rahaertel.com