Tag Archives: Bundesverfassungsgericht

Highest German Court invalidates Section 113 of the German Telecommunications Act and abandons service providers’ obligation to grant authorities access to subscriber data

On May 27, 2020, the German Federal Constitutional Court invalidated section 113 of the German Telecommunications Act (TKG) and several accompanying federal law provisions for non-compliance with the German Constitution (case nos. 1 BvR 1873/13 and 1 BvR 2618/13). On July 17, 2020, the Federal Constitutional Court published the fully reasoned judgment as well as a press release outlining the … Continue Reading

German Federal Constitutional Court: Use of short “samples” in music titles does not qualify as infringement of exploitation rights of phonogram producers

On 31 May 2016, the German Federal Constitutional Court (Bundesverfassungsgericht – “BVerfG”) issued a judgment in favor of a Hip-Hop artist (“Artist”) who had used a 2-second-sample of Kraftwerk’s song “Metall auf Metall” (the “Judgment”). The BVerfG held that the use of samples for artistic purposes is protected by the artistic freedom and, at the … Continue Reading
LexBlog