Distributor liability

from Wikipedia, the free encyclopedia

The term distributor liability describes a legal construction in media law created by judicial legal training , after which the person who disseminates legally objectionable products or claims, in particular products and claims that violate the copyright or personal rights of the rights holder, can be sued for omission.

Distributor liability under press law

By disseminating statements relevant to criminal or civil law , the medium itself can be held liable. Liability for dissemination acts relevant to criminal or civil law is only required if the disseminator has a significant intellectual relationship to the contribution, not if the disseminator only has an exclusively technical contribution to the dissemination. In order to be liable, one has to "adopt" foreign statements. The exact criteria for liability as a disseminator are (1) the reasonableness of a review of the possible violation, (2) the degree of identification with the utterance and recognizability as a third-party utterance, and (3) the public interest. Since both § 186 StGB and § 824 BGB equate dissemination with assertion, the medium can under certain circumstances be made liable under criminal law for defamation as well as under civil law for jeopardizing credit .

Copyright distributor liability

The distributor in accordance with the distribution right under Section 17 of the Copyright Act is the person who has the right to offer the original or copies of the work to the public or to bring them into circulation. In the case of works that a publisher or bookseller sells, there is no obligation on the part of the distributor to check the content of the works for violations of personal rights . However, the extent to which a publisher or bookseller can be legally prosecuted in the event of copyright infringements in the works it distributes is still unclear in the current case law .

Individual evidence

  1. ↑ ZB BGH NJW 2006, 2009 "Autobahnraser"; BGH NJW 2000, 1036 “Suspicion of corruption”; BGH NJW 1997, 1148 “Stern-TV”; BGH NJW 77, 1288 “Bribery of Members”; KG Berlin AfP 2003, 559; Higher Regional Court of Munich AfP 2003, 438; BGH NJW 1994, 1281; BVerfG ZIP 94, 972 “Balance sheet analysis”; Higher Regional Court Hamburg "Contergan" AfP 2007, 146.
  2. ^ Wolfgang Schulz: Ratgeber Presserecht , Humboldt Verlag, 2004, p. 100, ISBN 3-89994-015-6
  3. ↑ Distributor liability - what is it? , Florian Wagenknecht
  4. ↑ Distributor liability: a problem for the book trade? , August 6, 2008, Christian Solmecke

literature

  • Helmut Koziol, Alexander Warzilek: Protection of personality against mass media , Springer Verlag GmbH 2005, ISBN 3-211-23835-2