NDLI: “An Evening with Marlene Dietrich” : Decision of the Federal Supreme Court (Bundesgerichtshof) 21 April 2016

Content Provider	Springer Nature Link
Copyright Year	2017
Abstract	a) Under the TRIPS Agreement and the WIPO Performances and Phonograms Treaty performing artists do not receive the benefit of intellectual property rights that go beyond the minimum rights provided for in these agreements and subsist solely in accordance with the national law of the respective Member State. No exclusive right arises from these agreements for the performing artist to make an audio-visual fixation of his performance available to the public. b) If a performing artist has given his permission for his performance to be incorporated in a visual or audio-visual fixation, he can according to Art. 19 of the Rome Convention no longer rely on the minimum rights provided for in Art. 7 of the Rome Convention, but he can indeed continue to invoke the principle of national treatment regulated in Art. 4 of the Rome Convention. c) The national treatment that is to be granted to performing artists according to Art. 4 of the Rome Convention is, as stipulated in Art. 2(2) of the same Convention, not limited to the minimum rights specifically guaranteed performing artists in Art. 7 of the Rome Convention. Rather, the contracting states are obliged to additionally grant performing artists the rights provided for in their national law. d) National treatment, according to Art. 2(1) of the Rome Convention, is to be understood as including treatment that the contracting state on whose territory protection is claimed grants under its national legislation after the conclusion of the Rome Convention. The national treatment stipulated by Art. 2(2) of the Rome Convention therefore includes the exclusive right of the performing artist under Sec. 78(1), No. 1, of the Copyright Act, which at the time of the conclusion of the Rome Convention was not yet regulated by law and as yet unknown, to make his performance available to the public. e) In the case of an alleged infringement of copyright or related rights by the making available to the public of the subject matter of protection via an Internet page, the place in which an unlawful act is carried out within the meaning of Sec. 32 of the Code of Civil Procedure is situated within the country when the rights asserted are protected within the country and the Internet page is publicly available within this country (among others); it is not necessary, on the other hand, for the Internet page to be intended to be accessible in this country (as well) (Federal Supreme Court, decision of 29 April 2010 – I ZR 69/08, IIC … para. 14 – Thumbnails I (Vorschaubilder I)). …
Starting Page	353
Ending Page	360
Page Count	8
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	48
Issue Number	3
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2017-04-18
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Principle of national treatment Audio-visual fixation Consent International IT and Media Law, Intellectual Property Law Making available to the public Scope of copyright protection Performing artists
Content Type	Text
Resource Type	Case study
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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