25 Aug 2019 | News

New article by Prof. Dr. J. B. Nordemann and Dr. Laura Leidl on Kluwer´s Copyright Blog

BOEHMERT & BOEHMERT lawyer Prof. Dr. Jan Bernd Nordemann and legal trainee Dr. Laura Leidl contributed a new post on Wolter Kluwer’s copyright blog on 19.08.2019. The post bore the title "German Federal Supreme Court: The destruction of the work does not infringe the moral rights of the author", the two lawyers explain the judgment of the Federal Court of Justice (BHG) of 21 February 2019 (ref: I ZR 98/17, I ZR 99/17 und I ZR 15/18). The question was to what extent or whether the destruction of a work violates the author's personal rights. The Federal Supreme Court now had to decide on three cases at the same time. The two authors summarise the decision as follows: „With the aforementioned decisions, the Federal Supreme Court has established important principles for the destruction of works protected by copyright under German Copyright Law. Although the classification of the destruction of a work as other impairment within the meaning of Sec. 14 GCA is initially author-friendly, the Federal Supreme Court has made it clear that the author will generally not be able to defend himself against destruction by an owner, as the latter’s interest in the redesign of his property generally speaking prevails.“

The entire blog post can be accessed here.