Germany:
Electronic Press Reviews Subject to the Press Privilege Under the Copyright Act
11 November 2002
by
Bird & Bird
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On 11 July, 2002, the Federal Supreme Court decided that electronic press reviews of undertakings or public authorities, could fall under the "press review privilege" as set out in S. 49 Copyright Act if they meet certain predetermined conditions. If the conditions are met, electronic press reviews may be created and distributed without the consent of the author but will be subject to a reasonable remuneration payable to the "collecting society". Broadly, the conditions are as follows:
(a) the number of addressees which must be clear; and
(b) the articles should be graphic and not text files.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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