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Court In The Act: Germany's New Commercial Courts Challenge Arbitration's Dominance
Germany has enacted reforms establishing specialised international commercial court chambers that allow English-language proceedings and streamlined appeals directly to the Federal Court of Justice. This development positions German state courts as a competitive alternative to arbitration for cross-border commercial disputes, prompting parties to reassess their dispute resolution strategies in contracts with a German nexus.
Germany Litigation
KG
K&L Gates LLP
Article
German Federal Court Of Justice Applies CJEU’s ‘Pastiche’ Doctrine And Confirms Lawful Music Sampling
The German Federal Court of Justice has delivered a landmark ruling in the decades-long "Metall auf Metall" litigation, applying the EU Court of Justice's framework to determine whether unauthorized music sampling can qualify as lawful "pastiche" under German copyright law. This decision provides crucial guidance on the boundaries between copyright protection and creative reuse in the music industry, while confirming that pastiche remains a narrowly structured exception rather than a general license to samp
Germany IP
GT
Greenberg Traurig, LLP
Article
Der Bundesgerichtshof wendet die „Pastiche“-Doktrin des EuGH an und bestätigt die Rechtmäßigkeit von Musik-Sampling
The German Federal Court of Justice has delivered a landmark ruling in the decades-long "Metall auf Metall" litigation, applying the EU Court of Justice's framework to determine whether unauthorized music sampling can qualify as lawful "pastiche" under copyright law. The decision examines whether a two-second rhythm sequence from Kraftwerk's 1977 recording, used repeatedly in a 1997 song, constitutes permissible artistic dialogue or copyright infringement.
Germany IP
GT
Greenberg Traurig, LLP
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