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“MyVideo”

Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the Law Applicable to Non-Contractual Obligations (Rome II), Art. 8(1); Copyright Act, Secs. 16, 31, 97

  1. 1.

    Reproductions made within the framework of the uploading of video files to the server necessary for the operation of the Internet portal www.m…de are subordinate preparatory acts in preparation for the making available to the public, which discloses a sufficient domestic reference on the grounds that the Internet portal www.m…de is addressed at Germany, as discussed. This sufficient domestic reference also extends to the said reproductions as preparatory acts.

  2. 2.

    The reproduction made when sound copies are made for the purpose of online use is not an independent manner of use capable of being licensed as such. Within the framework of the online use of works of music, in particular by means of an online on-call service (streaming), the reproduction in question has according to the generally prevailing opinion no independent commercial significance of its own in comparison with the making available to the public. Instead, the reproduction within the framework of uploading to a server for purposes of online use is, according to the generally prevailing opinion, a subordinate preparatory act in preparation for the making available to the public but not a commercial manner of use carried out for its own sake.

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Decision of the Munich Court of Appeal (Oberlandesgericht) 29 April 2010 – Case No. 29 U 3698/09. “MyVideo”. IIC 45, 97–102 (2014). https://doi.org/10.1007/s40319-013-0157-8

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