Dr. Sebastian Rengshausen, partner of media and IP law office UNVERZAGT VON HAVE, secures copyrights of photographers at the European Court of Justice (Case C‑161/17).
Photographs and other copyright protected works are not subject to free use because of the mere fact of prior online publication on another website.
The ECJ stated:
The concept of ‘communication to the public’, within the meaning of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, must be interpreted as meaning that it covers the posting on one website of a photograph previously posted, without any restriction preventing it from being downloaded and with the consent of the copyright holder, on another website.
The ECJ thereby confirmed that the posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorization by that author.
In ruling so, the ECJ followed the pleading of attorney Dr. Sebastian Rengshausen and dissents to the vote of the Attorney General.
The press information can be found here.
The judgment can be found here.
Unverzagt von Have are pleased to announce that Dr. Ulrich Börger will join the Hamburg office as a partner on 1 August; he is also bringing Dr. Mina Kianfar, a fifth-year associate to the firm.
Dr. Börger and Dr. Kianfar have a strong focus on IP litigation and unfair competition law. They have been representing manufacturers and dealers of electronic storage devices in more than 30 court disputes against collection societies regarding fair compensation under the Copyright Directive. These disputes have repeatedly been decided by the European Court of Justice.
Dr. Börger and Dr. Kianfar also have extensive experience advising both international and German clients on the legal challenges arising from modern ecommercesuch as voice assistants and shopping devices, including consumer protection, data protection and unfair competition law.
In addition, Dr. Börger represents a number of clients in disputes concerning claims for cartel damages resulting from the “candy cartel” in Germany and the European “hydrogen peroxide cartel”.
Recently, Dr. Kianfar successfully represented a number of hospitals and hospital groups in disputes with collection societies regarding the right to make TV and radio programmes available to the public.
Harro von Have: „We only recently expanded our IT and Data protection team led by Dr. Frank Eickmeier, which focusses on advising leading technology providers. The litigation expertise of Dr. Börger and Dr. Kianfar is a perfect addition to our partnership in this fast-growing market. A further increase of personnel in the IT and data protection department is planned in the near future.
Börger and Kianfar are joining UNVERZAGT VON HAVE from Harte-Bavendamm; Börger had been a partner in the litigation department of Latham & Watkins until 2014.
Fatih Akin’s “In the Fade” (“Aus dem Nichts”) wins a Golden Globe for “Best Foreign Language Film”.
UNVERZAGT VON HAVE