‘Does copyright law have to balance fundamental rights beyond the written exceptions? Unfortunately, the German Federal Supreme Court has recently left this question open.’

“Recently, the German Federal Supreme Court issued press releases in two cases which are of fundamental importance for the relationship between copyright and conflicting fundamental rights. Specifically, the two cases, Funke Medien (also known as ‘Afghanistan Papiere‘) and Spiegel Online (also known as ‘Reformistischer Aufbruch‘), concern the conflict between copyright and the fundamental rights of communication …” (more)

[Viktoria Kraetzig, Kluwer Copyright Blog, 28 May]

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