With decision of 8 May 2017, the regional Court of Berlin referred to questions for preliminary ruling to the Court of Justice of the European Union (CJEU). The court is concerned whether the rules on the press publishers’ neighbouring right – as implemented into German copyright law in 2013 – were properly enacted back then.
Since 2009, German libraries and German publishers have been arguing about the scope and reach of Sec. 52b of the German Copyright Act [Urheberrechtsgesetzt – UrhG]. The said section holds a statutory limitation of copyright allowing privileged institutions (public libraries, museums, and archives) to make available to individual members of the public works physically contained
In 2008, the German legislator introduced a statute which was meant to protect particularly individuals from overreaching claims being asserted in standardized warning letters. Upon multiple criticism, the provision, Sec. 97a of the German Copyright Act, received a first revision in 2013. However, the question of how to interpret the law remained in dispute. Last