PIL instrument(s)
Rome II
Case number and/or case name
OLG München, 29.4.2010 - 29 U 3698/09
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome II
Article 8
Paragraph 1
Date of the judgement
28 April 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
The parties argue about the legal right of use of music videos. The applicant, a German corporation, requests the declaratory judgment stating that she was allowed to distribute music videos which are copyrighted by the respondent, a joint venture company of different European collecting societies in the music sector. The respondent counterclaims in the name of the Anglo-American copyright holder for injunctive relief concerning the distribution of certain music videos. The Court applied German IP law referring to the lex loci protectionis in Art. 8 (1) Rome II-Regulation.

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