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The content of this website is protected by copyright. S&S Immobilien Technik Online
The copyright in Germany is the part of the legal order of the Federal Republic of Germany, which protects the right of the author in his works.
As an objective law, it shall be the sum of the legal standards of the Federal Republic of Germany, the relationship of the author and his successors to govern his work, and it determines the content, scope, applicability and consequences of the violation of individual right.
It is mainly codified in the Copyright Act (Copyright Act) of 1965, the Administration Act (WahrnG) and the Publishing Act (VerlG). It is the equivalent of intellectual property rights (such as patent and trademark law) and is assigned to the German private law. While by the law of intellectual property law intellectual activity results (so-called intellectual property) are protected in the commercial field, the German copyright law protects those in the cultural field.
Subject matter of the German copyright law in accordance with § 1 Copyright Act works of literature, science, art. That takes place in § 2 of the Copyright Act list (speeches and public speeches, works in the computer field, dance and pantomime, photographic works and films) is not exhaustive. As a work in § 2 paragraph 2 are "personal intellectual creations" is defined. According to prevailing opinion, this concept of work includes four elements:
Personal creativity: is "a result of action, which was created by the creative, positive formative influence of a man" ahead. Machine generated productions or presentations of animals and objects do not meet this criterion. The creation process is Realakt and does not require the capacity of the creator.
Perceivable form design: the criterion of the perceptible form design excludes mere ideas, which are not manifested in perceptible shape. Visibility does not mean necessarily physical setting, and musical improvisation or impromptu speeches meet this criterion. The indirectness of perception does not matter: It is sufficient if the work of technical aids (such as playing a CD) can be made accessible
The mere sensuous perceptibility is not enough: In addition, the authors create a thought and / or feelings, which is stimulating in any way to the viewer
Recent work requires the definition of § 2 para 2 of the Copyright Act, that a certain amount of individuality and originality will be achieved, so clean routines excreted. The criterion is also called "creative individuality", "creative idiosyncrasy", "design height", or "individual expression". Depending WerkART is the required level of originality (the so-called design level) different. A little deviation from the tradesman's average power is called small coin.
With these criteria at the same time distinguished from technical and scientific inventions is given, for which the patent law provides protection. Distinguish the work from the work piece is: This is only the particular embodiment of the work (so the printed book is the embodiment of a novel). The workpiece is subject to the rules of property law.
The protection of copyright is not granted eternal (such as the property). The protection of the work will begin as soon as the conditions of § 2 para 2 of the Copyright Act are met. It expires 70 years after the author's death (§ 64 of the Copyright Act). If the author published it anonymously or under a pseudonym, the copyright shall expire 70 years after publication. By the end of the term of the work is public domain. Are always in the public domain according to § 5 of the Copyright Act, official works.
Even if a plant does not reach a level of creativity and thus does not fall under the Copyright Act, in the commercial sector can be invoked in certain cases, the unfair competition law against simply copying ("sponging on foreign power" or "slavish imitation").
Right holder of the copyright. According to § 7 of the Copyright Act, this is the creator of the work, from which it can be deduced that it may be, with him only a natural person, ie a person. This excludes both legal persons and animals. Although the work was created from the start because of an order, but it is never the purchaser copyright. This may have a maximum usage rights are granted. Even a work or employment changes in the ownership of anything, can at best be a claim for transfer of rights.
have created a work jointly so that their shares not be separately exploited, so the copyright to them is also common to other co-authors (§ 8 of the Copyright Act). The boundary in the joint creation is not always easy, and makes here a case by case analysis is necessary. It is necessary in any case, that the co-authors have made â€‹â€‹a creative contribution. The co-authors go one hand a total community, which simply put means that decision together, so by prior arrangement must be made.
(ie works, where different authors have provided for themselves individually viewable posts (eg song and lyrics) applies to § 9 of the Copyright Act, the legislation provides that under certain circumstances, consent is not one or more authors is necessary. When this occurs depends on the principle of good faith. This results in works of cinematic art is often deferred to difficulties and disputes, which is paid by the lack of clear legal basis or feed. At least you can those parties who have direct influence on the film (as director, editor or writer), regarded as the originator.
In Germany, one starts with a single copyright in the protection of the ideological and economic interests are closely linked (so-called monistic theory). Copyright is basically explains why for nontransferable. The only option is to transfer by succession. According to the express provisions of § 28 paragraph 1 Copyright Act, copyright is hereditary. In contrast to § 29 paragraph 1 Copyright Act includes a transfer of copyright, which is not in compliance with a disposition of property upon death or as part of a partition of an estate, and the commercialization of copyright is, thus significantly restricted.
or as part of a partition of an estate to a permitted transfer of copyright to one or more heirs, are entitled to them as successors to the copyright rights if the law contains no restrictions (§ 30 of the Copyright Act). A unique heritage can have, in principle, as the author of the inherited copyright. For several heirs apply if an execution of a will has not been arranged, the principle of § 2038 BGB, which administer the heirs of the estate (including the inherited intellectual property) jointly. Any use or abandonment of copyright may, therefore, because it is a disposition of the estate subject to be undertaken jointly in accordance with Â§ 2040 BGB only by the heirs, there is a dispute disagreement remains, the heir who is seeking to dispose of the right only under Â§ Section 1 BGB in 2042 to demand from the other heirs to the inheritance disputes - may be in the context of which the copyright will be transferred to him or any other co-heirs, with the result that he is a beneficiary of the succession in accordance with § 30 of the Copyright Act. The partition of an estate is entitled to the remainder, if the estate is ready for distribution, judicially enforceable.
of an intangible right is regularly cause major difficulties in the execution of a will may be appropriate, particularly in relation to the estate owned copyrights in most cases. The legislature favored because of such an arrangement: Â§ 28 para 2 of the Copyright Act provides that the author may transfer by testamentary disposition to exercise the copyright law an executor, the provisions of Â§ 2210 BGB, which otherwise the law of succession, the duration of the execution of a will to thirty years is limited, this shall not apply.
is the protection of works of literature, science and art, as well as intellectual or artistic achievements and investment in cultural industries (see below). Through the Copyright Act the copyright owner receives a legal right, the right to use his work to dispose freely and exclusively. For this purpose, § 11 of the Copyright Act protects the author in his intellectual and personal relationship to the work. To the right position to take account of the originator is a moral law and patent rights are granted.
§ 12-14 of the Copyright Act, but also radiates to other standards of copyright (eg on the damages claims of § Â§ 97 et seq) from. From the publication of the law § 12 of the Copyright Act shows that the author has the sole determination of whether, when and how his work is published. This includes only the first publication to be spoken of then, if the work is the generality of the aforementioned interested parties and has been made available, § 6 § 1 of the Copyright Act. With the right to recognition of authorship (§ 13 of the Copyright Act) shows that the author can determine how, when and if his work should be provided with a copyright term (see copyright anonymity, also pseudonymous authorship). The provision is supplemented by § 107 of the Copyright Act, under which a falsely attaching a copyright notice is punishable by a third party (a fine or up to 3 years imprisonment). Finally, § 14 of the Copyright Act enables the author in the position to any distortion or other impairment to have to stop his work (see also Note under case law literature).
of the work changes, it is permitted to make changes at work or title. Quote: Paragraph (1) The holder of an exploitation right may not change the work, its title or author name, unless otherwise agreed. Paragraph (2) modification of the work and its title, which may not withhold the author's consent in good faith, are permitted.
Act, the author may require the owner that he shall give them access to the work (or the reproduction pieces) where necessary to produce further copies or adaptations of the work is required, and this interest in turn conflict with no legitimate interests of the owner. From this, the authors construct, however, no requirement for the owner, that it must proceed with the work carefully, or in any other way. How to deal with the work, ultimately, determined solely by the owner.
The author of the work shall have the exclusive right of exploitation. For this purpose it available tools to § 15 of the Copyright Act contains a non-exhaustive list. From the moral law implies that the author should participate in any (re) utilization, so that even a modified into circulation may give rise to a claim for payment to the copyright holder. This depends largely on whether the scope of the work will be affected, what will be decided in each case.
According to § 26 of the Copyright Act (known as resale rights) is the author of a work of fine arts at its disposal (sale), an allowance of a certain percentage of the average selling value (up to a maximum of 12,500 EURO, if by the sale of a art dealer or auctioneer is national. In addition, the provision of certain information rights normalized to the seller. The claims may be asserted by a collecting society.
In order to safeguard the interests of the public, provided by law in § § 44a-63 of the Copyright Act limits the number of copyrights. Such is the copyright position and time-limited, for example, does the public domain after a statutory period (70 years after the author's death) automatically (§ 64 of the Copyright Act). In addition, smears made â€‹â€‹from the exclusivity, for example, by the quote right, the quotes, to varying extent permissible does (Great quote, small quote, etc.). In addition, other barriers to the use of the authorization of the copyright holder or exclusive licensee in favor of individual users, the cultural industries and the general public are provided.
German copyright law provides for civil, criminal and antitrust instruments to penalize the non-permitted use of protected works. Of a violation of property rights is used when the embodiment of the third party is covered by the scope and hurt him. Two different variants are possible: First, could the work of third parties must be identical with the work of the author, then the scope would be clearly violated. The second variant is that the embodiment of the third party only to the copyrighted work is similar. Only in the latter case, the exact delineation of the scope of each protected area is absolutely necessary to make and vary depending on individual cases and individual.
The greater inherent to the work peculiarity is, the greater the scope of protection can also be drawn. The very limited scope of the so-called small coin is therefore difficult to hurt, whereas one can easily penetrate into the scope of works with a remarkable design level (eg in complex and distinctive paintings and sculptures). It found, however, only those features into account, which are generally used for the determination of the work (as in a novel or particularly like the imaginative content of his remarks).
The copyright owner or exclusive licensee claims following are available: A removal in accordance with claim. § 97 para 1, p 1, 1 Old. Copyright Act to rectify a problem, according to an injunctive relief. § 97 paragraph 1, page 1, 2 Old. Copyright Act in order to prevent further injury protection area, a claim for damages pursuant. § 97 para 1, pp. 1, 3 Old. Copyright Act to compensate for the pecuniary damages (this may be open for various methods of calculating damages, the most attractive for him to choose the infringer, in general, the method of the so-called license analogy used), a claim for compensation for intangible damage acc. § 97 para 2 of the Copyright Act, a gem on the unlawfully made â€‹â€‹copies of claim directed destruction. § 98 paragraph 1 Copyright Act § 69f, respectively, Section 1 of the Copyright Act, a violation of the right to be provided pursuant to item. Â§ 98 para 2 of the Copyright Act, a claim for destruction / transfer of copying devices acc. § 99 Copyright Act, the right to information acc. § 101a Section 1 of the Copyright Act, a claim for publication of the judgment in accordance. Bring § 103 para 1, page 1 of the Copyright Act to possibly a deterrent effect, a Vorlegungsanspruch gem. § 809 BGB in order to gain in case of any uncertainty about the scope of the injury situation, according to an enrichment claim. § 812 BGB to the demand from the infringer unduly prolong the benefits and an accounting claim, if it is necessary to calculate the damage.
are criminally punishable: The unauthorized use of copyrighted works acc. § 106 of the Copyright Act (penalty - three years imprisonment), an illegal attachment of a label in accordance with copyright. § 107 of the Copyright Act (penalty - three-year prison sentence) and § 108b of the Copyright Act illicit intervention in technical protection measures and rights management information required (fine - one-year prison sentence), such as the removal of copy protection. It may be the penalty for committing commercial basis ("professional" inspection) increase over three years (with unauthorized access to technological protection measures) and five years (as commercially unauthorized exploitation). It sometimes an (otherwise very rare) to blame exclusive error of law will be to accept, as a potential offender who moves into a legal gray zone, a violation of the law certainly can not be aware of. In this he may not the slightest doubt come to mind, that what he is doing is done in complete accordance with the law. With the exception of commercial production had done (§ 108a), these crimes are prosecuted only upon request, unless the prosecuting authority does not intervene because of the particular public interest in holding offered (§ 109).
The deadline for application is three months from knowledge of the owner of crime and the offender (§ 77b) of the Criminal Code.
In 2009, nationwide 229 persons convicted for violations of copyright law, which received a dozen or a prison sentence
The acquisition of a product based on third-party services may also violate § 3 UWG. After that unfair competition acts, which are capable of competition to the detriment of competitors, consumers or other market participants are not to affect only irrelevant, inadmissible. Not prohibited by § 3 UWG is basically the acquisition of a foreign product which is not protected by copyright. Beyond the mere acquisition of a foreign product beyond circumstances, however, can lead to the relevance of § 3 UWG. As a result, § 8 UWG granting injunctive relief to the injured and § 9 of the UWG a claim for damages.
The enforcement for copyright infringement done under the general rules of the Code of Civil Procedure. § 113 of the Copyright Act gives the possibility to enforce copyright in the demand for money, if the right holder's consent.
For the international copyright law, the general rules of private international law. Therefore applies under Article 27 EGBGB party autonomy. No law is chosen, the objective is held under Article 28 EGBGB linkage. The form is Article 11 EGBGB