06 May 2020
German Federal Supreme Court decides in spectacular music sampling case – for the fourth (and last?) time
www.twobirds.com/en/news/articles/2020/germany/german-federal-supreme-court-decides-in-spectacular-music-sampling-case

The German Federal Supreme Court has issued yet another decision in the long-running music record sampling case known as “Metall auf Metall”, providing some clarity on when sampling will be infringe copyright.

26 May 2020
No copyright violation by publication of book excerpts of a member of the German Parliament through an internet news portal
www.twobirds.com/en/news/articles/2020/germany/no-copyright-violation-by-publication-of-book-excerpts-of-a-member-of-the-german-parliament-through

Franz Gernhardt reports on the highly anticipated decision of the German Federal Court of Justice regarding the degree to which a news portal can use excerpts from a book when relying on the exception for reporting on ...

18 August 2020
Germany - Federal Cartel Office approves Intersport’s online platform
www.twobirds.com/en/news/articles/2020/germany/federal-cartel-office-approves-intersports-online-platform

Intersport switched its online sales platform operated by the Intersport subsidiary Intersport Digital GmbH (“IDG”) to a so-called "drop shipment business model". The FCO approved the business model due to it ...

01 May 2020
Germany: COVID-19 Contracts Q&A
www.twobirds.com/en/news/articles/2020/germany/covid-19-contracts-faq

As the contractual relationships between companies and public institutions come under scrutiny due to COVID-19, it is important to take a close look at existing contracts, rights and obligations as a supplier or service ...

11 February 2020
New German legislation allows access to the iPhone's NFC antenna
www.twobirds.com/en/news/articles/2020/germany/new-german-legislation-allows-access-to-the-iphones-nfc-antenna

As part of the implementation of the fifth Anti-Money Laundering Directive (AMLD5), the German Parliament has decided to require providers of technical infrastructures, such as Apple in relation to the Near Field ...

24 January 2020
Gambling breakthrough in Germany? Regulated online casino may be on the way!
www.twobirds.com/en/news/articles/2020/global/gambling-breakthrough-in-germany-regulated-online-casino-may-be-on-the-way

After years of uncertainty, and more recently threats of a regulated online sports betting market to the exclusion of online casino, it seems Germany may have arrived at a political consensus which could see regulated ...

24 October 2018
Wet leases and codeshares: more certainty in Germany, but less in the ECJ, in Regulation 261 treatment of contracting and actual carriers
www.twobirds.com/en/news/articles/2018/global/wet-leases-and-codeshares

In our article on 23 July 2018 on the Advocate-General's opinion in flightright –v- Iberia and the ECJ decision in Wirth –v- Thomson we noted the different treatment of Regulation 261 claims arising from carriage on ...

26 November 2020
The "discussion draft" for a new German Telecommunications Act
www.twobirds.com/en/news/articles/2020/germany/diskussionsentwurf-fuer-das-neue-tkg

On November 6th, 2020, the German Federal Ministry for Economics and Technology published the first draft of a law to modernise telecommunications law ("TKMoG") for consultation of the German Länder and stakeholder ...

17 September 2019
The language of the proceedings in arbitration
www.twobirds.com/en/news/articles/2019/germany/verfahrenssprache-im-schiedsverfahren

The following elaboration by our Partner Dr. Jiri Jaeger and Counsel Michael Zavodsky, both members of our international practice group Dispute Resolution, on the subject of the language of proceedings in arbitration ...

27 January 2021
How much information is enough? CJEU and German Federal Court of Justice rule what information platform owners have to provide about uploaders to copyright holders
www.twobirds.com/en/news/articles/2021/germany/how-much-information-is-enough

In 2019 the German Federal Court of Justice asked the CJEU to rule on the extent of the information that a copyright holder has the right to receive regarding uploaders who have allegedly infringed their copyright. ...