Posts tagged news 2023
Discussion by Dr. Ralph Oliver Graef on the BGH decision GRUR-Prax 2023, 682 - The right to no longer be a victim).

The background to this was a 2018 ZDF film about abducted children. This shed light on two abduction cases from the perspective of a journalist involved in the liberations. ZDF also reported on the abduction of the then eight-year-old plaintiff, which ended with her release after a ransom was paid, mentioning her birth name. To illustrate this, ZDF used two photos of the plaintiff, which her parents had made available to the investigating authorities for a public search. In addition, the cover page of a magazine was shown on which the plaintiff was pictured with her mother after her release. The Federal Court of Justice sets the duty of care of the press to obtain consent to use the images extremely high - even more than 30 years after the crimes. Too high, in the opinion of Dr. Ralph Oliver Graef.

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NewsNadine Freuernews, news 2023
Prof. Dr. Christian Rauda on ZDF

Buying license keys for computer games from the original manufacturer is usually very expensive. Whether buying from resellers - who offer significantly lower prices - is legal is legally controversial. There is no supreme court case law on this. What is certain is that the sale of "used" application software is legal. This has been decided by the European Court of Justice. However, as computer games also have "multimedia elements", lawyers are arguing about whether games should be treated differently from software. Our opinion on this

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NewsNadine Freuernews, news 2023
Best Lawyers® Germany 2024

We are delighted to announce that Dr Ralph Oliver Graef has  been recognized in the 2024 edition of The Best Lawyers in Germany™ for his high caliber work in Entertainment Law and Prof. Dr. Christian Rauda for his high caliber work in Gaming Law (bestlawyers.com).

Inclusion in Best Lawyers is based on a rigorous peer-review survey comprising over 650,000 confidential evaluations by attorneys in Germany. For more than 40 years, Best Lawyers has been regarded as the most credible measure of legal integrity and distinction and symbolizes excellence in practice.

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Recognition from brand eins

In 2023 brand eins and research institute Statista once again recognized GRAEF Rechtsanwälte as one of the best business law firms in Germany for the areas of "Media, Press" and "Trademarks, Industrial Designs". In the area of "Media/Press" we were one of only seven media law firms to receive the highest rating of 4 stars, and in the area of "Trademarks, Industrial Designs" we earned a very strong rating of 3 stars. The scores are based on surveys of fellow attorneys and clients. We are thrilled about the media & entertainment industry's appreciation of our services.

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"Seneca"

Our highlight of the past Berlinale week: the film "Seneca", in which Ralph Oliver Graef from our film team was involved as Associate Producer, and which had its premiere in the "Special Gala" series. As the Frankfurter Allgemeine Zeitung rightly judged: "John Malkovich turns the dying monologue of the Roman philosopher Seneca into a stellar hour of acting." You rock, John Malkovich.

© Filmgalerie 451 / Berlinale

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Christian Rauda on copyright in an interview with Land magazine

A miscarriage of justice from the Luxembourg courts that has the copyright world on the edge of its seat right now: Jingna Zhang v. "appropriation art" artist Jeff Dieschburg, the photograph of an Asian model (right) v. Dieschburg's appropriation (left). The motif, design, the roses, the folds of the dress, the facial expression are identical. But the Luxembourg court saw no infringement in Dieschburg's image. Attorney Christian Rauda, one of the copyright specialists here in our team, is "highly perplexed" in an interview with Land magazine and speaks of an "extreme misjudgment by the court in view of the excessive demands on the plaintiff's burden of proof. Only the next higher instance can help.

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NewsNadine Freuernews, news 2023