What To Do When Pet Hamsterr Is Bleeding At Tail

Longtime workers cheating by 160 € - invalid termination

We have already reported that the Federal Labour Court (BAG) has amended its law in property crimes. In the "Emmely" the BAG had declared a cancellation without notice due to recovery of coupons to the value of 1.30 EUR to be ineffective. So far, it was so that the BAG justified, even for very minor theft cases dismissed without notice for held. In the "Emmely" resulted from the BAG, the offense was indeed serious, ultimately would but, given the associated with the termination serious losses that outweigh the benefit of the applicant in the consideration to be included viewpoints. In particular, the over thirty years include no legally relevant defects extending employment, would have acquired by the applicant with a high level of confidence. That belief has been the non-atypical and unique in many respects, termination of affairs completely destroyed. As part of the assessment is to take into account the relatively minor damage. So be a warning was appropriate and sufficient.

now has the country's Labor Court (LAG) Berlin / Brandenburg in a decision of 09.16.2010 (ref. 2 SA 509/10) explains the dismissal of a railway employee to be ineffective. This was employed for 40 years as a train ready and Erin had celebrated her 40th anniversary of service to colleagues. She then presented the employer received from the catering company complacency receipt for 250.00 EUR for entertainment expenses and had to refund that amount. The actual costs were only at around 90.00 EUR. The employer was the scheme to take proven entertainment expenses reimbursed up to 250.00 EUR be. Referring to the case "Emmely" the LAG has taken into account primarily the 40-year-old Complaint Free time employment in favor of the worker, which led to a very high "confidence capital". This had been destroyed not by a single offense. It should also be taken into account that the employee immediately admitted the violation, they found themselves in the act outside of their normal business and they have not committed the breach in the core area of its activity. All these factors have for the opinion it was the employer's interest in terminating the employment relationship, the face of massive fraud plot quite a very high weight would have been attributed, ultimately prevailed.

Here was the rare peculiarity that the employee collective agreement is no longer properly, ie with the usual notice period of seven months, then, was terminated and the employment relationship therefore continued. Otherwise, the LAG would be probably at least take the alternative, timely termination and the employee would be eliminated with a period of seven months.

Even this ruling is worrying. Anyone who tries to cheat his employer to 160.00 EUR, has destroyed the trust term. Workers can only be warned not to steal things or in the future Property crimes to commit. Employers will continue in such cases with immediate termination very good chance of success, and should not shy away from such a status.

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copyright - use of third party images / photos

The idea of an image from another vendor is used to implement fast and can just as quickly become an expensive affair. Because copyright protects the provider from having his picture material is used without its prior consent, § § 15 et seq Copyright Act (UrhG). In the course of a received warning you see then exposed to high Abmahnkosten quickly.

In legal terms, are photographs photographic works acc. § 2, No. 5 Copyright Act, or at least according to photographs. § 72 Copyright Act.

is According to § 72 para 2 UrhG the light generator to the exclusive right to use, copying and dissemination.

a copyrighted photograph may be, without the prior permission of the photographer as author not be reproduced, distributed or made publicly available, ie can be set to the Internet.

Under § § 2, No. 5, 72 Copyright Act, any photograph or photographs, is protected if it has reached a certain threshold of originality. Under the principle of "small coin" apply to the patentability of photographic works. Here are few requirements, so traveling telling shots which were not created to protect wahrlos objects. A special level of creative and creative design is not required.

The infringer faces injunction damages, as well as information requirements, and legal costs suspended.

injunction

Contrary to the assertion of Schadenseratzansprüchen consists of injunctive relief, regardless of fault of the user. So it does not matter that the user was aware of the copyright of another. In this context it should be noted that an appropriate copyright notice for the existence of copyright irrelevant. Proof of authorship to a photo is always on the submission of the image file. On the higher resolution of a recording, it is assumed that only their authors and the owner of the exclusive rights of use.

compensation claim

case of copyright infringement, the injured in accordance with § 97 of the Copyright Act (UrhG) a claim for damages. The problem is the question of how to calculate the damage in concrete terms. recognized in the case are three variants of the damage calculation, namely

- the actual damage, in particular loss of profit

- the violator's

- Damage calculation by license analogy.

In most Cases, the quantification of a specific defect or a specific infringer's very difficult.

common practice is therefore a calculation of damages under the so-called license analogy. It is a license agreement fiction. This is based on the idea that the person injured should not be made better off than he would have been granted with permission of the copyright holder.

Regarding the amount of license fee, for example, the rates of VGBildkunst or the tariff rates of the SME Community Photo Marketing (MFM) is used as a guideline.

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compensation claim in Trademark License Agreement

is basically known to the agent on termination of agency contracts may have a right to compensation by the employers pursuant to § 89b HGB. The termination shall be by notice to the proprietor or for example, by a termination agreement.

is already so well known that the Supreme Court applied in accordance with § 89b HGB compensation claim with other contracts. Also in dealer contracts or franchise agreements can the dealer or franchisee a right to compensation on termination of the contract entitled. In principle, one could ask whether this law applies to a Contract for the license.

The Supreme Court (Judgement of 29.04.2010 - I ZR 3 / 09 - JOOP) has now ruled that a compensation claim even if the licensee a trademark licensing agreement is considered in principle. However, here again, the conditions for the appropriate application of § present 89b HGB, namely in particular the involvement in the sales organization of the contractor and the agreement that the customer base to the manufacturer or supplier should be the extent transferred, so that the benefits of the customer base now and make readily available.

If the aforementioned conditions, so also the licensee at the termination of the licensing agreement the licensor of the compensation for the customers demand. This may be a significant burden on the licensee or an economically very welcome payment the licensee to act.

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Expensive paparazzi photo to Bild am Sonntag

The publisher of the weekly Bild am Sonntag has to pay € 50,000 license fee to a 75-year-old photographer, because it published in any manner a paparazzi photo along with articles by him and his wife in their paper. The photo shows the photographer with his wife on his yacht when he reads the image on Sunday. The article next to the photo just stressed the fact that the photographer "as more than eleven millions of other German and" the Bild am Sonntag regularly reads. The photographer then got a fee of 50,000 € for the advertising was collecting the photos and article . The reason was the Ruling, that the publisher has interfered unlawfully in his general right to privacy and his right to their own image and has become an asset to its cost advantage. The image and accompanying text presents the photographer in an obvious situation of the private public, in which he could expect to be unobserved. In contrast, there is only a small privileged information of general interest. Even if it is the photographer for a prominent person of a certain historical significance, the right to protection outweighs the personal sphere to the public interest. Also exacerbates the high attention value Article added. He was in large format in a prominent place on the last page of the newspaper. (OLG Hamburg, Judgement of 08.10.2010, Az: 7 U 130/09)