독일 개정 저작권법상 사적 복제의 허용범위와 침해경고 남용방지

German Copyright Act on Private Copying and Protection against Improper Legal Practice

Improper legal practices are increasingly the subject of complaints by citizens. Recent problem is some law firms which have specialised in combing the internet for copyright infringements. Once they find a consumer who has downloaded a film or music illegally, often for the first time, the consumer receives a warning letter demanding unjustifiable amounts of money. Thus, 2013, the german federal government has amended a related law which address improper legal practices and the copyright misuse and protect particularly individuals from overreaching claims being asserted in standardized warning letters. As to private copying, the german Copyright Act also prohibits private copies made from an original to which access had been obviously provided in an unlawful manner (sec. 53 para. 1 Copyright Act). The courts will have to determine what exactly is considered “obvious” in this context. This paper is intended to review the German Copyright Act on Private Copying and Protection against Improper Legal Practice.