Law / Germany

Germany, Leistungsschutzrecht fur Presseverleger (sections 87f-87h Urheberrechtsgesetz)

Achtes Gesetz zur Anderung des Urheberrechtsgesetzes, BGBl. I 2013, Nr. 11, 1. Marz 2013 (effective 1 August 2013)

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Repealed: no longer in force, effective 1 August 2013.

A press publishers' right rule binding public and private bodies.

What this law does

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This German member-state ancillary copyright law (not an EU instrument) gave press publishers the right to prohibit commercial search engines and news aggregators from reproducing parts of 'press products' beyond mere headlines, aiming to require platforms such as Google News to pay licensing fees. In practice it failed: publishers who feared losing traffic granted free licences, and Google displayed only unprotected headlines.

The CJEU declared it inapplicable with retroactive effect in Case C-299/17 (2019) because Germany had not notified the European Commission under the TRIS Directive (98/34/EC); it was subsequently superseded by Germany's transposition of Digital Single Market (DSM) Art. 15.

What it reaches

Instrument type

an act of a legislature

Categories

Publisher right

When LexLint raises it

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Read the law

Bundesgesetzblatt
CJEU Case C-299/17

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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