Bruce Springsteen and His Band

Case No. I ZR 205/95 (1998)

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Bruce Springsteen and His Band

Germany Federal Court of Justice
Case No. I ZR 205/95 (1998)

MP

Facts

On June 5, 1992, Bruce Springsteen performed in Los Angeles during a world tour. Shane Fontayne (plaintiff), a UK citizen, played lead guitar in his accompanying band. The performance was simultaneously broadcast by a variety of radio stations around the world, including one in the US and others in Europe and South America. In November 1992, a German company (defendant) released a CD in Germany entitled “Bruce Springsteen—Live Los Angeles June 5th, 1992,” which included recordings from the concert. Fontayne, along with another party claiming a stake in the intellectual-property rights to Fontayne’s performance, sued the German company for infringement in German district court, seeking damages. After the district court ruled for the plaintiffs, the court of appeals overturned the claims for damages, citing lack of fault. In his appeal to the Germany Federal Court of Justice, Fontayne argued that his rights in the performance were protected in Germany under Article 4(c) of the Rome Convention (the convention), which extended national treatment to performances that were broadcast by a contracting state, even if the performances themselves did not occur in a contracting state.

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Holding and Reasoning ()

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