High Court of Appeals of Frankfurt am Main

11th Civil Division,
Judges Duck, Dr. Weber and Falck,
January 25, 2005
Claim for disclosure by a copyright owner against an internet access provider on unlawful download activities by a third party

Lawyers

The Case

The claim involves the final decision of the Frankfurt am Main, Germany, ("Frankfurt") High Court of Appeals on an application for an interim injunction on a claim for the disclosure of the identity of a third party infringing the claimant's copyrights in a work of music against an internet access provider. The decision deals with the interpretation of Article 101a of the German Copyright Ad (Urheberrechtsgesetz. - UrhG) and the scope of application of this particular rule on the internet environment. Article 101a UrhG provides for a claim for disclosure by a copyright owner against anyone infringing the copyright in a particular work by distributing unauthorized copies and includes in principle the right to ask for the disclosure of personal data of the producer and supplier of unauthorized copies of a protected work.

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