Copyright Law
Dr Martin Schaefer in "50 years GVL".
In autumn 2009, a symposium was held at the Institute for the Protection of Industrial Property Rights and Copyright of the Humboldt University, Berlin, to mark the 50th anniversary of the Gesellschaft zur Verwertung von Leistungsschutzrechten (GVL), the collective body representing secondary exploitation rights of artists and manufacturers. The contributions made there have now been revised and updated in the publication "50 years of GVP - 50 years of collective assertion of copyright", published by Tilo von Gerlach and Guide Evers. BOEHMERT & BOEHMERT partner Dr Martin Schaefer is represented in the publication with his contribution "Sound Recordings and the GVL". The work is published by Gruyter Verlag and can be ordered from this link: http://www.degruyter.de/cont/fb/rw/detail.cfm?id=IS-9783110248876-1.
ISBN 978-3-11-024887-6.
18.10.2011
Guide: "Copyright in the Information Society" – with contribution from Dr Martin Schaefer.
BOEHMERT & BOEHMERT partner Dr Martin Schaefer contributes the chapter on Germany in the recently published manual "Copyright in the Information Society: A Guide to National Implementation of the European Directive". The manual explains the current state of implementation of the Copyright Directive 2011/29/EC in the various member states of the European Union. The book, by Edgar Elgar Publishing, was published by Brigitte Lindner and Ted Shapiro. The Guide can be purchased online for USD 235 from the publisher. ISBN 978 1 84980 010 5, 2011, 648 pages.
http://www.e-elgar.com/bookentry_main.lasso?id=13873
18.10.2011
Dr Martin Schaefer explains the dispute GEMA vs. YouTube in "musikmarkt".
In edition 35/2011 of the specialist magazine "musikmarkt", BOEHMERT & BOEHMERT partner Dr Martin Schaefer explains the background to the continued dispute between GEMA and YouTube and proposes a number of options for its resolution. Both parties have been unable to agree upon an appropriate payment model as yet. As a result, numerous well-known videoclips cannot by accessed on YouTube. The dispute concerns, inter alia, how to measure the value of music. "GEMA views YouTube as a download service and wants to apply the same tariffs as are applied to iTunes," Dr M Schaefer explains. "YouTube, however, views itself as a broadcaster. This is a huge difference," the music law expert goes on. That there is a possibility for agreement is seen from the contracts agreed by YouTube with record labels with or without GEMA sister companies. The full article "Much Ado About Nothing?" can be found at www.musikmarkt.de.
09.09.2011
Prof. Dr. J. B. Nordemann comments on current developments in the zu Guttenberg affair in “Welt” and “Berliner Morgenpost” newspapers.
In its 11th May 2011 edition, in the article titled “Guttenbergs nächstes Problem” (Guttenberg‘s next Problem) the “Welt” reports on the latest development in the plagiarism affair surrounding Karl-Theodor zu Guttenberg. As the first victim of the plagiarism has now lodged legal complaint, the likelihood of charges against zu Guttenberg has increased. BOEHMERT & BOEHMERT partner Prof. Dr. Jan Bernd Nordemann considers the consequences of the charges to be potentially considerable. In the “Welt” he states: “It has become significantly easier for the Public Prosecution Office to press charges outside the normal channels. The office is no longer limited to invoking claims of public interest resulting from the high profile and political importance of the perpetrator.” In such cases it depends upon the public prosecutors and whether they wish to create a precedent. The “Berliner Morgenpost” of the same day reports on the zu Guttenberg plagiarism affair and on the Member of the European Parliament Silvana Koch-Mehrin. Prof. Dr. J. Nordemann is also quoted in this article. The full “Welt” article is available here: http://www.welt.de/print/die_welt/politik/article13364614/Guttenbergs-naechstes-Problem.html
16.05.2011
Dr. Martin Schaefer discusses “Netzsperre” or Internet blocking in “musikmarkt” magazine.
In volume 15/2011 of the music magazine “musikmarkt” BOEHMERT & BOEHMERT partner Dr. Martin Schaefer comments on a key problem for the music industry. Despite increasing legal online music sales, the overall problem is still not solved. In the case of unpermitted music offers which cannot be suppressed at the source, other methods must be employed to ensure they cannot be used, and this with the help of Internet access providers too. To what degree providers can be requested and obliged to help in such suppression is part of the discussion. It is technically feasible in several different ways. Within the scope of the debate about possibilities for cooperation by providers, the term “Netzsperre” or Internet blocking creates confusion with its continuing lack of precise definition. It can refer to the locking of individual user accounts through to blocking of entire domains. One thing is sure however according to Dr. Schaefer: “The political course set regarding the fundamental obligations of providers to participate in the prevention of legal infringements when they have ‘nothing to do with’ these infringements will be a decisive element in the further development of the content industries. www.musikmarkt.de 15th April 2011
15.04.2011
Prof Jan B. Nordemann explains EU copyright development in IP Magazine.
In the March 2011 edition of the Intellectual Property Magazine, BOEHMERT & BOEHMERT partner Prof Jan Bernd Nordemann working together with Dr Matthias Berberich contributes the article "Recent and future copyright developments in EU copyright legislation" (p. 55 et seq). Both authors give a detailed explanation of the various innovations, trends and effects of amended copyright law and the EU-wide harmonisation of IP law. The article can be viewed here as pdf: www.intellectualpropertymagazine.com
07.03.2011
Fromm/Nordemann: The Standard Reference for Copyright Law now in 10th Edition.
One of the most prestigious German commentaries on copyright law, the Fromm/Nordemann, will appear on the 27th November in a fully revised and extended 10th edition, published by Kohlhammer Verlag. The commentary provides comprehensive coverage of German copyright law including the Copyright Act, the Copyright Administration Act as well as the Publishing Act running to over 2,384 pages. All changes and amendments of recent years are included, in particular the amendments on copyright in an information society, the copyright contract reform, the "2nd swathe of reforms" and the implementation of the EU Enforcement Directive. Statutes, legislative materials, EU directives as well as international literature on intellectual property can now be found on the website: www.fromm-nordemann.de. The Fromm/Nordemann commentary is published by BOEHMERT & BOEHMERT partners Prof. Axel Nordemann, Prof. Jan Bernd Nordemann and Prof Wilhelm Nordemann. The authors are also solicitors at BOEHMERT & BOEHMERT. The commentary can be ordered through the Online Bookshop of Kohlhammer Verlag: http://shop2.kohlhammer.de/shopX/shops/kohlhammer/appDE/nav_home.php
Opinion: BOEHMERT & BOEHMERT partners on the read aloud function in the eBook reader
BOEHMERT & BOEHMERT partners Prof. Dr. Jan Bernd Nordemann and Dr. Martin Schaefer give their opinions on the read-aloud function in the eBook reader in respect of copyright infringement in a recent edition of the Neue Juristische Zeitung (NJZ, Booklet 11/2009, page XII). You can access the entire article at. 10.03.2009
New Edition of Munich Lawyer's Manual on the Protection of Industrial Property with BOEHMERT & BOEHMERT authors
The current revised and extended third edition 2009 of the reference work "Munich Lawyer's Manual on the Protection of Industrial Property" includes contributions from BOEHMERT & BOEHMERT partners Prof. Axel Nordemann and Dr. Christian Czychowski in the chapters "Copyright and Related Intellectual Property Rights" and "International Copyright and Related Intellectual Property Rights". The new edition brings the work up to date with new legal developments (up to summer 2008) and takes the reform of the German Unfair Competition Act (UWG) into account. The work is part of the series "Munich Lawyer's Manual" and can be purchased at: www.beck-shop.de/productview.aspx?product=23484
22.01.2009
Handbook on Commercial Criminal Law with contributions from BOEHMERT & BOEHMERT partners.
The well-known Handbook on Commercial Criminal Law (HWSt.) by the two authors Prof. Dr. Hans Achenbach and Prof. Dr. Andreas Ransiek has now been published in the 2nd revised and expanded edition (11/2007) by the publishing house C.F. Müller Verlag, Heidelberg. The chapter on copyright law and on patent and utility patent law are written exclusively by BOEHMERT & BOEHMERT partners. A new addition, on account of its increasing significance, is the subject of "Product Piracy" contributed by Dr Florian Schwab. Further chapters have been contributed by Prof. Dr. Axel Nordemann (“Criminal Intellectual Property Law”). In addition, Malte Nentwig (“Patent and Design Protection Law”) has taken over and expanded the original contribution written by Dr. Ludwig Kouker. The handbook offers a compact presentation of the most important fields of commercial criminal law and is primarily focussed on the illustration of practically relevant aspects. Handbook on Commercial Criminal Law. Series: Law in Practice. C.F. Müller Verlag, publishing house, Heidelberg. 2007. ISBN 9783811436213.
10.01.2008
“Handbook on the Law Pertaining to the Arts” with a contribution from Prof. Dr. Wilhelm Nordemann.
The “Handbook on the Law Pertaining to the Arts”, newly published by Beck Verlag, deals with questions in regard to copyright, the protection of cultural assets, the marketing of art, as well as the law on insuring and exhibiting art as well as the law on social insurance for artists. Its objective is to provide detailed clarification and explanation on legal issues in the field of the fine arts. The publisher’s team of authors is composed of well-known experts on the law pertaining to the arts. BOEHMERT & BOEHMERT partner, Prof. Dr. Wilhelm Nordemann is responsible, in particular, for the chapter on copyright. The handbook is aimed at all those that have to do with legal and fiscal questions in the field of the arts, i.e., above all, lawyers, tax advisers, business auditors, museums, galleries, art insurers, art exploiters, etc. Handbook on the Law Pertaining to the Arts - Publisher: Ebling / Schulze. ISBN: 978-3-406-54253-4. Verlag C.H. Beck. 2007. www.beck.de
Our partner, Prof. Dr. Wilhelm Nordemann’s work, (together with Dr. Kai Vinck and Prof. Dr. Paul Hertin) "Fromm/Nordemann, Urheberrecht" (Fromm/Nordemann, copyright law), has become one of the definitive works on German copyright law, today – 9th edition, 1998, new edition planned for 2008, edited by our partners, Partner Prof. Dr. Wilhelm Nordemann, Prof. Dr. Axel Nordemann, Prof. Dr. Jan Bernd Nordemann. Contributory authors also include our partners Dr. Christian Czychowski, Dr. Thomas Bittner, Dr. Andreas Dustmann and Dr. Anke Nordemann-Schiffel, Dr. Martin Schaefer and Thomas Boddien.
Dr. Christian Czychowski and Dr. Jan Bernd Nordemann from the Berlin Office of BOEHMERT & BOEHMERT have published their traditional article on "Development of Legalisation and Case Law in Copyright Law" in the "Neue Juristische Wochenschrift" (NJW) 2006, pages 580 to 586. The report includes the development in copyright law in the years 2004 to 2005. The "NJW" is the leading law journal in Germany.
Urheberrecht im Informationszeitalter - Festschrift für Wilhelm Nordemann,
C.H. Beck 2004 (ISBN 3-406-51683-1) (Copyright in the Information Age – Festschrift for Wilhelm Nordemann).
On the occasion of his 70th birthday on 8th January 2004, our partner, Prof. Dr. Wilhelm Nordemann, Potsdam, received a festschrift, edited by Prof. Dr. Ulrich Loewenheim. Numerous legal experts in Germany and abroad contributed to the festschrift which appeared under the title “Copyright in the Information Age”, including several BOEHMERT & BOEHMERT partners.
The contents of the festschrift can be seen on the publisher, C.H. Beck’s, website.
Our partners Prof. Dr. Axel Nordemann and Dr. Christian Czychowski published the chapter "Urheberrecht und verwandte Schutzrechte" (copyright and neighbouring rights) in: Hasselblatt, Münchener Anwaltshandbuch Gewerblicher Rechtsschutz, 2. Auflage 2004 (Munich Attorneys handbook of industrial property rights, 2nd edition 2004).
Our partner, Dr. Martin Schaefer, commented, in 2004, in "Praxiskommentar zum Urheberrecht" (Commentary on Copyright Law), 2nd edition, the §§ 85, 86, 137a-c and § 137h German Copyright Act, in particular in respect of phonogram producers.
Our partner, Prof. Dr. Axel Nordemann, is the author of the article, "Urheberstrafrecht” (Copyright Criminal Law) in Aschenbach/Ransiek (Eds.) "Handbuch Wirtschaftsstrafrecht" (Handbook on Commercial Criminal Law), 2004.
Dr. Jan Bernd Nordemann and Dr. Christian Czychowski published, in NJW 2004, p. 1222 et seqq., the article "Die Entwicklung des Urheberrechtsrecht in Gesetzgebung und Rechtsprechung in den Jahren 2002 und 2003" (The development of copyright in legislation and case law in the years 2002 and 2003).
Dr. Jan Bernd Nordemann and Dr. Andreas Dustmann published the article "To Peer Or Not To Peer - Urheberrechtliche und datenschutzrechtliche Fragen der Bekämpfung der Internet-Piraterie" (To Peer or not to peer – copyright and data protection questions in combatting internet piracy) in CR 2004, pp. 380 et seqq.
Our partner Dr. Jan Bernd Nordemann published the article "Filmpiraterie im Internet - Der Kampf gegen Peer-to-Peer Raubkopierer" (Film piracy on the internet – The fight against peer-to-peer pirates) in "Kucsko, Filmproduktion und Urheberrecht", 2004.
