Imitation protection of Internet sites by copyright law
The operator of an Internet address has, as a rule, a special interest in the protection of his advertising appearance on the Internet against imitation.
GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt www.grprainer.com elaborate: In the judgment of the 08/09/2012 the higher regional court (OLG Celle, file number: 13 W 17/12) decided that an originator's/designer's legal protection can cover the creation/design of web pages regardless of any digitization of the contents. However, in addition the creation/design must reach the necessary creation point. This is not the case when the creation/design did not go further than the proper production of an advertising appearance on the Internet. The creation needs a special choice of color or a unique color combination or arrangement of the pictures and graphics to portray a genuineness, which has potential for monopolization.
In the copyright law the question often exists who is, actually, an originator of a work. Since in the copyright there is - differently than in patent and brand law - no public register from which itself the authorship of a work would be revealed. Hence, while checking copyrights it is essential to always investigate conscientiously and carefully.
A lawyer active in the field of copyright law can offer you comprehensive legal advice. So as to not make oneself mistakenly liable for damages towards the originator of a work, a lawyer active in copyright law will check existing copyrights and licenses.
But even if it has already come to a copyright infringement, a lawyer active in copyright law will support you by the implementation of your compensation claims. Also, a lawyer can negotiate on your behalf, with regard to your rights and enable agreements for you by which, the rights of use of a work can be allowed.
Moreover, there is the possibility to instruct a lawyer, as a precaution, with the care of your works to be protected against copyright infringement. Thus you are protected in case of a lawsuit involving copyright law and he can enforce your claims against any liable party quickly.
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