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Die Auslegung und Kontrolle des Wahrnehmungsvertrags (German, Hardcover, Reprint 2014)
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Die Auslegung und Kontrolle des Wahrnehmungsvertrags (German, Hardcover, Reprint 2014)
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(The Interpretation and Control of the Safeguarding Agreement) The
interpretation and contextual control of copyright safeguarding
agreements play a substantial role in court practice. That's why
for one thing disputes between authorized parties and copyright
collecting companies can evolve. And for another thing,
interpretation and control also play an important role for the
users of protected works or ancillary copyrights, since they
require clarity as to whether they must acquire the necessary
rights from the copyright collecting company or the authorized
parties themselves. The author investigates the interpretation
rules of copyright and the law of contract as well as the control
circumstances of the copyright law, the copyright safeguarding law,
the civil code (AGB [general terms & conditions] control), the
law against restraints of competition as well EC antitrust (cartel)
law. Informed through a legal practice on the one hand, and on the
other hand on the basis of his scholastic works in the realm of
German and European law of contract, commercial law and copyright,
the author develops a system in which the different circumstances
of interpretation and control merge into an orderly whole. The
dogmatic of prevailing law is in the foreground. Moreover, the
author also discusses legal policy issues in view of the national
law and the Community law. They are now of great relevance to the
present, because the Commission of the European Community has
announced the establishment of a European safeguarding right with
their notification for "Safeguarding of copyrights and related
protective rights in the internal market" from April 16th, 2004.
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