Alle Beiträge

9. Nov 2015 News in passing: Singing the Happy Birthday song probably not a copyright infringement after all

The well-known song "Happy Birthday to You" is protected by copyright (which is largely unknown). Any public singing of the song must therefore be remunerated.

Digital & analog, IT law, copyright, e-commerce
9. Nov 2015 Risky disclaimer in the legal notice

The disclaimer in the imprint "Content of the online offer: The author assumes no liability for the topicality, correctness, completeness or quality of the information provided." is inadmissible and liable to a warning.

Digital & analog, IT law, copyright, e-commerce
29. Oct 2015 Operating costs in commercial leases

Costs are incurred when using any property and once a year a bill is issued, which is often associated with additional costs. We are talking about service charges or, more precisely, operating costs.

Real estate law, public & private construction law, public procurement law
20. Oct 2015 Vacation entitlement in the event of a briefly interrupted employment relationship, BAG 20.10.2015 - 9 AZR 224/14

A short-term interruption of an employment relationship with the same employer with a factual connection does not trigger the waiting period of § 4 BUrlG again with the conclusion of a new employment contract. In such a case, the employee is entitled to full leave in full by adding together the periods of both employment relationships in one calendar year if the waiting period according to § 4 BUrlG is fulfilled.

Labor law
30. Sep 2015 A dispute between the employer and husband of an employee does not justify dismissal of the wife, ArbG Aachen 30.09.2015 - 2 Ca 1170/15

A disagreement between the husband and the employer due to a contract for work cannot serve as justification for terminating the employment relationship with the wife. Any misconduct on the part of the husband cannot be attributed to the wife.

Labor law
21. Sep 2015 IT security law in hospitals

The "Act to Increase the Security of Information Technology Systems" (IT Security Act) came into force on July 25, 2015.

Medical and social law
20. Aug 2015 Discrimination against part-time employees due to too frequent weekend work, LAG Berlin-Brandenburg 20.08.2015 - 26 Sa 2340/14

A part-time employee must not be called in disproportionately often at weekends compared to full-time employees. Without objective reasons that could justify such unequal treatment, this would constitute discrimination against part-time employees as prohibited in Section 4 (1) sentence 1 TzBfG.

Labor law
11. Aug 2015 Case-by-case decision: Circus performers are freelancers BAG 11.08.2015 - 9 AZR 98/14

The Federal Labor Court had to deal with the question of whether the deployment of a group of circus performers constituted a service contract or an employment relationship. While the circus performers assumed the establishment of an employment relationship and the employer's obligation to register for social security, the circus assumed a free service contract relationship without an obligation to pay social security contributions.

Labor law
11. Aug 2015 Ensuring medical care in rural areas - new opportunities for municipalities and districts New opportunities for municipalities and districts

On July 23, 2015, the Act to Strengthen the Provision of Care in Statutory Health Insurance (SHI Care Strengthening Act) came into force. One of the aims of this law is to respond to the looming shortage of doctors in rural areas. The current finding here is that more and more practice owners are unable to find a successor and are having to close their practices. The law therefore contains incentives for doctors to set up in rural (underserved) areas. On the other hand, it creates opportunities for municipalities to set up medical care centers (MVZ) themselves and thus participate as a new "player" in outpatient medical care.

Medical and social law
5. Aug 2015 LG Frankfurt a. M.: Sofortüberweisung may not be the only means of payment

The consumer must be provided with a "common and reasonable free of charge" means of payment available in the online store. This is stipulated in the new Section 312a (4) BGB. According to the Regional Court of Frankfurt am Main, the payment method "instant bank transfer" does not meet these criteria as it is "unreasonable". The unreasonableness exists because the consumer must provide the operator of "Sofortüberweisung" with account data, account statement data and PIN/TAN data as well as consent to the retrieval of account data in order to pay. Sofortüberweisung is therefore not prohibited. However, at least one other means of payment must be offered that is common, reasonable and free of charge.

Digital & analog, IT law, copyright, e-commerce
5. Aug 2015 IT Security Act in force

The IT Security Act is a law that amends the BSI Act, the Atomic Energy Act, the Energy Industry Act, the Telemedia Act, the Telecommunications Act, the Federal Salaries Act, the Federal Criminal Police Office Act and the Act on the Structural Reform of Federal Fees Law. What is it all about?

Digital & analog, IT law, copyright, e-commerce
5. Aug 2015 BGH: Framing is now permitted

YouTube videos may be embedded as frames, as is already common practice. This has now been decided by the BGH in its Reality II ruling. In Reality I, the BGH took a different view in 2013 and referred the question to the ECJ. However, the ECJ ruled that framing was permissible in 2014. The BGH has now transposed this ECJ ruling into German law. The judgment has not yet been published, so the details are not yet known.

Digital & analog, IT law, copyright, e-commerce

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