Webinar Patent Law

On 04 May 2021 from 12:00 to 13:00, Mr Anton Frey will give a lecture on Zoom on the topic of “Abuse period in patent infringement proceedings”. He did his doctorate under Prof. Hoeren on this topic and has now been working as a legal trainee at the Berlin Court of Appeal since November 2020.

In his lecture, Mr Frey will present the legal institution of the period of limitation in patent infringement proceedings and, in doing so, shed light on the topic of his dissertation, in particular from a practical perspective. To this end, he will start by discussing the much-discussed case constellations of injunctive relief in complex products, in ambush situations and in the case of legitimate interests of third parties. In this context, Mr Frey would also like to deal with the government draft of a Second Act on the Simplification and Modernisation of Patent Law (RegE-2. PatModG), which focuses on a possible legal amendment of the patent law injunctive relief of Section 139 (1) PatG. Registration is possible until 28 April 2021 with Oliver Lampe by e-mail (o_lamp01@uni-muenster.de). Subsequently, the access data for Zoom will be sent out.

ITM education program

The additional training in information, telecommunication and media law at ITM Münster will start again in the winter semester. Anyone who is interested in legal issues related to artificial intelligence, blockchain and legal tech is in good hands at the additional training. Professor Dr Thomas Hoeren and Professor Dr Bernd Holznagel will provide insights into current developments in information law as well as broadcasting and press law. Final exams are held online for both Zoom lectures in the winter semester, followed by an elective seminar in the summer semester. Successful graduates receive a certificate, which is very popular in the media industry and the legal profession.

The additional training is free of charge and is open to students from all universities as well as trainee lawyers. For further information, please contact Aurelia Merbecks aurelia.merbecks@uni-muenster.de.

New digital experiment: The Journalism&Law course

The seminar Journalism and Law, like so many events this year, saw itself threatened by the pandemic. An event that under normal circumstances thrives on communicative and direct exchange between participants and lecturers could not take place online. Nevertheless, Prof. Hoeren’s chair decided to give it a try and invited participants from all over the country to a digital event. How excellent this decision would be was not yet foreseeable at 9 a.m. on 8 March 2021, but it would become clear in the following three days.

By Christoph Clemen

When Lennart Rödel boots up his laptop on a cold Monday morning in March, he still has to shake the last of the sleep from his limbs, but the anticipation of the upcoming seminar quickly ties him to his desk chair. After opening the wrong link from the email, he makes it to the Zoom conference shortly before 9 am. Prof. Hoeren, the organiser of the event, begins his welcoming speech. In a flash, a cascade of faces rolls across the screen. The participants have switched on their cameras. For Lennart, who in reality has a different name, as for his 24 fellow participants, a seminar begins that could not be more instructive and informative.

Just like him, all the participants experienced the days from 8 to 10 March. Not at the ITM, but at the desks and in the living rooms of this country, the journalist training for lawyers took place.

After a short introduction by Prof. Dr. Thomas Hoeren, the participants received rhetorical training. The practised rhetoric teacher had the bright listeners prepare short presentations on selected topics. For this, they were given one hour, which resulted in a twelve-minute lecture. After a few brave ones had wiped the first sweat from their foreheads, they gave their presentations. These turned out to be colourful in style. Prof. Hoeren and the rest of the audience then gave constructive criticism. The participants learned that even in the 21st century, Cicero is the measure of all things for a good lecture.

Afterwards, Prof. Dr. Joachim Jahn, member of the editorial board of the NJW and former editor in the business department of the Frankfurter Allgemeine Zeitung, gave an exciting insight into print journalism in daily newspapers and trade journals. In the process, Prof. Jahn focused on the correct way of expressing oneself. He practised with the participants how to avoid typical legal phrases that often make it difficult for the reader to read. The great interest of the participants was already evident here. Prof. Jahn answered all questions about his profession and the correct way of writing.

The thematically perfect transition was then provided by Karin Istel, personal advisor to the Hamburg school senator. In her lecture “Say it simply, anyone can do complicated”, she explained which style rules the young lawyers have to pay attention to when writing a journalistic essay. It remained in the memory that one should always consider a “kiss” when writing. In doing so, Ms. Istel did not want to start an advertising block for an Italian confectionery manufacturer, but referred to the abbreviation “KISS”. The principle “keep it short and simple” is the starting point of all good writing, she said.

As a crowning conclusion to the first day, Alexander Rupflin, freelance reporter and former participant of the seminar, reported on his experiences. He taught the participants about his career, shedding light on both his professional and emotional commitment, which is reflected in the means of presentation of his choice – (court) reportage. Especially due to the close proximity in time to the field of participants, he was able to answer the ensuing hail of questions with flying colours and thus quenched everyone’s curiosity.

On Tuesday, Anke Zimmer-Helfrich, editor-in-chief, and Ruth Schrödl, editor, from the C.H.Beck publishing house, presented their everyday work in the editorial office. Afterwards, it was up to the participants to design their own legal journal. In order to develop a contemporary journal, the young lawyers came up with concepts such as erNeuerbar, Justitia, EiS, Klecks and Recht*Divers. Topics ranging from international court decisions, renewable energies and youth to diversity were legally framed. Afterwards, there was a discussion and Ms Zimmer-Helfrich and Ms Schrödl were able to give insights into their daily work. Political questions were also lively discussed.

At the end of the second day, the participants were able to listen to Dr. Wulf Schmiese, head of the editorial department of “heute-journal” on ZDF. He emphasised the correct classification of work in public broadcasting. He literally burned into the participants’ minds how important good research is and how seldom mistakes happen if one strictly adheres to one’s own guidelines. In an exciting and informative way, he punctuated his report with anecdotes, such as his reporting trip to Afghanistan at the beginning of this century. The questions that followed were complex and were answered patiently by Dr. Schmiese. A little late, but with their thirst for knowledge satisfied, the participants were then dismissed. Despite everything, the heute-journal took place punctually at 9.45 pm.

On Wednesday, Rudolf Porsch, deputy director of the Axel Springer Academy, showed possible paths into journalism. This was extremely informative for many participants who are on the edge of starting a career and deciding “law and/or journalism”. Digitalisation is changing journalism and training. The Axel Springer Academy is a pioneer in this. Mr Porsch made it clear that you have to specialise in order to be successful: “Universal dilettantism is deadly for your career”. The subsequent discussion then focused on important career issues that were burning under the fingernails of the participants.

Ina Reinsch, editor of ARZT & WIRTSCHAFT and freelance journalist, then presented the feature as a form of presentation between report and reportage. After she had given a theoretical classification of the feature, she explained together with the participants how to implement the feature in practice. In doing so, she emphasised that the feature makes the experience of an individual as a proxy for general events comprehensible. At the same time, it offers an exciting introduction to a highly informative topic. New forms of presentation then led to new questions, which Ms Reinsch answered very precisely.

Dr. Ina Holznagel, former senior public prosecutor and now head of department at the Ministry of Justice in North Rhine-Westphalia, explained to the group what difficulties the public prosecutor’s office has to overcome in press relations. After she had explained the legal basis, those present were allowed to try their hand at tricky press enquiries. The question of whether the nationality of suspects should be made public was then the subject of a lively discussion among the participants.

In the last substantive part, the group was able to enjoy a familiar face. Prof. Jahn honoured the participants again. To deepen what they had learned, the group could try their hand at revising a failed press release in the famous “Emmely case”. Prof. Jahn then gave constructive criticism of the original and the reworded press releases. From this, the participants were able to draw valuable assistance for their future writing.

The seminar ended with the awarding of certificates. No one was left with unanswered questions. Every participant learned a lot and can now get a more accurate picture of the countless professional fields in which law and journalism are linked.

What was experienced could then be discussed and processed in a relaxed Zoom round in the evening. This gave the participants the opportunity to network.

Lennart, like many of his fellow participants, fell into bed late on Wednesday evening. His thoughts were still circling around the last few days. He was tired, but very satisfied. A variety of opportunities had come his way this week. Whether his path will lead him into journalism or into the legal profession remains to be seen. What is certain is that he now knows both paths.

The ITM would like to thank Prof. Dr Joachim Jahn, Karin Istel, Alexander Rupflin, Anke Zimmer-Helfrich, Ruth Schrödl, Dr Wulf Schmiese, Rudolf Porsch, Ina Reinsch and Dr Ina Holznagel.

Seminar film law 2021

On 02 and 03 March 2021, the lectures of the participants of the seminar on film law took place under the direction of Prof. Dr. Thomas Hoeren from ITM-Münster. A broad spectrum of economic and legal topics on feature films and documentaries were in the foreground of the detailed lectures and subsequent discussions.

The event began with two lectures on the German and global documentary film market. In addition to the key economic data, it was pointed out in particular that mostly a few successful documentary films are responsible for a large part of the respective annual turnover of the entire genre. The studies presented also showed a large discrepancy within the audience distribution compared to the respective genre. Especially those genres that released the most films showed only a small share of visitors (society, biography, contemporary history). On the other hand, there are genres (especially nature & animals, music) that publish only a few films but have a large share of visitors. In a comparative law section, the differences between German, French and English copyright law were also presented and examined with regard to their respective advantages and disadvantages for the producers of documentaries.

The following lecture dealt with the question of the conditions under which films can claim copyright protection. In particular, it was pointed out to what extent factual documentaries – which had only limited protection under earlier case law – can now be fully recognised as cinematographic works. In an outlook, the growing importance of smartphone filming was also presented and it was shown that such recordings can also be protected by copyright.

Using the example of a television contract, the subsequent lecture was devoted to the control of general terms and conditions in film contract law. Special attention was paid to the question of the extent to which essential copyright principles can be regulated differently by general terms and conditions. In addition, an assessment of so-called total buy-out clauses was carried out under the law of general terms and conditions. This concerns contractual clauses which grant comprehensive rights in return for a lump sum payment – but which entail the risk of an unreasonable share for authors. In the conclusion and the subsequent discussions, possible solutions for existing inequalities were also discussed.

On the question of whether a film idea is already protected by copyright or only the finished screenplay, the next lecture examined the principles of freedom of ideas. This was followed by the difficult demarcation between idea and concrete form, as well as the significance of fables and characters already expressed in the idea. In addition to copyright law, the importance of trade secrets and competition law for the protection of ideas was also presented. Finally, it was shown under which conditions third-party works can become the basis for new film ideas and what changes will result here from the new Copyright Directive.

Film titles often contribute significantly to the recognition value of a film – which makes it all the more important for producers to protect these titles from misuse. Whereas copyright law imposes strict requirements on originality and design level for protection, protection as a trade mark is already possible if the title has a low degree of distinctiveness. The lecture will go into detail on the possibilities of defence resulting from the respective protection systems and will present the relationship between copyright and trade mark law by means of illustrative examples.

Especially in feature films, the goal of creating an illusion of reality is in the foreground – in order to achieve this, the use of film music plays an elementary role. In a vividly presented lecture, the different types of film music are described and categorised in terms of their dramaturgical significance. However, the use of film music is accompanied by many legal questions: In addition to the copyright protection of the music itself, the lecture also deals with the influence of collecting societies. Finally, the relationship between film and music authors – especially in the field of new media – is addressed.

The following two lectures dealt with the complex question of the use of other people’s works and presented the conditions under which these can be implemented in films. To this end, the special significance of the right of citation was first elaborated and it was shown how its preconditions have changed over time as a result of groundbreaking case law. Through illustrative examples, it will also be explained which quotation purposes can justify a film quotation and to what extent such a quotation is permissible. The second lecture presents the legal situation of the remix in film as a special type of use of other people’s works. The remix as a generic term encompasses a variety of different forms of use, all of which have a great influence on artistic freedom – but at the same time also affect the interests of the original authors of the work. The lecture will show to what extent copyright law creates a balance of interests here with a view to current case law. However, the new Copyright Directive (DSM Directive) will also result in changes here, which will be presented in an outlook by comparing them with the previous legal situation.

Documentary films in particular usually show true events, but often focus on the circumstances of natural persons and use their likenesses. The lecture examines the possibilities of film authors to protect the personal rights of the persons portrayed in the film. For this purpose, guidelines will be developed on the basis of case law, on the basis of which the conflicting legal interests can be reconciled and the risks of violations of personality rights can be minimised.

The last lecture deals with technical protective measures that authors can take to prevent copyright infringements. First, their significance for the media industry will be presented, before the requirements that copyright law places on such measures will be examined. The focus of the lecture is on the far-reaching conflict between the economic and idealistic interests of authors on the one hand and the interests of the general public in free information, art, culture and science on the other.

The lectures can be seen at https://youtu.be/Ovr_0DCW–g

Expert Talk of the GOAL Project with Nadezhda Purtova

On 18.02.2021, the third internal expert talk took place with Assoc. Prof. Dr. Nadezda Purtova. Ms. Purtova is an Associate Professor at the Department of Law, Technology, Markets and Society at Tilburg University. Her research focuses on the economic analysis of data protection law and she has conducted several policy studies on data protection that dealt with the role of private actors in setting data protection rules.

Ms. Purtova gave a very captivating presentation on the topic of “Code as personal data”. After she put forward the thesis that the notion of personal data in the sense of Art. 4 No. 1 GDPR would encompass certain types of codes, she showed what the consequences of this would be and how to deal with them.

Following the presentation, Ms. Purtova and the project partners had a lively discussion about the individual proposals. In the process, it was determined that code should not be examined solely against the background of the GDPR, but rather that a comprehensive AI regulatory approach should be developed. Hanna Hoffmann (research assistant ITM-GOAL) moderated the event.

AI and IP – a webinar

On Monday, 25 January 2021, Mr Yannick Borutta gave a webinar on intellectual property issues of artificial intelligence at the invitation of the ITM. Mr Borutta is a member of the BMBF research project Goal, Governance through algorithms. In front of around 250 participants, he reported on patent law protection problems with AI tools and AI results. In the second part, he presented the special problems of copyright law for such products and discussed them with the participants. The participants from business, the legal profession and the student body took an active part in the discussion, making the one-hour web seminar a complete success.

Webinar on transformative use in copyright law with Professor Guido Westkamp a great success

Almost 200 lawyers and business lawyers took part in the second ITM webinar, this time on transformative use in copyright law. On this topic, Professor Dr. Guido Westkamp (Queen Mary College in London) reported on current trends in connection with persiflage and quotations and their use in copyright law. Particular attention was paid to the different national implementation of the Copyright Directive. Professor Westkamp related this implementation to the ongoing legal dispute about sound snippets by the group Kraftwerk. He intensively examined whether the problem of barriers could be solved by writing a general clause into copyright law according to the American model (fair uses). He criticised the narrow wording of the German implementation of the Copyright Directive and stressed that there was no end in sight to the legal dispute surrounding Kraftwerk. In numerous questions, the participants still asked about details of the implementation. The webinar series will continue on 25 January with a presentation by Yannick Borutta on intellectual property issues of artificial intelligence.