German copyright law
Encyclopedia
German authors' right or Deutsches Urheberrecht is codified in the Gesetz über Urheberrecht und verwandte Schutzrechte (also referred to as Urhebergesetz or Urheberrechtsgesetz and abbreviated UrhG).
It should not be confused with copyright (exclusive rights to copy granted to distributors), and is more akin to authors' rights
(exclusive rights to profit off one’s work granted to authors).
on the one hand and other types of work on the other, especially fine art
. While the barrier is usually very low for fine art and protection is granted even for minimal creativity (dubbed "kleine Münze",literally "small coin" or "small change"), there are extremely high standards for applied art to be reached for it to achieve copyright protection
. This is so because Geschmacksmuster
(design patents) and Schriftzeichengesetz (typeface patents) are seen as lex specialis
for applied art such that the threshold of originality must not be assumed low for them. This has been confirmed by courts several times, especially for logos, but also for earrings.
in Germany
and the fundamental rights cannot be transferred except by heritage
.
, the copyright act expressly provides that all economic usage rights (as opposed to personality rights) “belong” to the employer.
A recent amendment of the Urhebergesetz (sec. 31a, included in 2008) has created the possibility to grant licenses for "unknown uses", i.e. permit use of works in media not known at the time the license is granted. This had not previously been possible, so that even "unrestricted" licenses granted before the mid-1990s did not (and could not) include the right to use the work on the internet, which created considerable practical problems.
that collect royalties as part of compulsory licensing
in the European Union
(EU) usually hold monopolies in their respective national markets. In Germany, case law has established the so-called , a presumption that works are managed by the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte
(GEMA) due to its monopoly position. As such, in Germany the burden of proof is on the accused infringer that the work is not managed by GEMA.
: German authors’ right law had previously granted protection for 70 years after the death of the author, which was the longest term of all EU member states; before 1965 it was life plus eighty years.
It should not be confused with copyright (exclusive rights to copy granted to distributors), and is more akin to authors' rights
Authors' rights
Authors’ rights are a part of copyright law. The term is a direct translation of the French term droit d’auteur , and is generally used in relation to the copyright laws of civil law countries and in European Union law...
(exclusive rights to profit off one’s work granted to authors).
Protection requirements
Court decisions have set vastly different standards for the eligibility of works of applied artApplied art
Applied art is the application of design and aesthetics to objects of function and everyday use. Whereas fine arts serve as intellectual stimulation to the viewer or academic sensibilities, the applied arts incorporate design and creative ideals to objects of utility, such as a cup, magazine or...
on the one hand and other types of work on the other, especially fine art
Fine art
Fine art or the fine arts encompass art forms developed primarily for aesthetics and/or concept rather than practical application. Art is often a synonym for fine art, as employed in the term "art gallery"....
. While the barrier is usually very low for fine art and protection is granted even for minimal creativity (dubbed "kleine Münze",literally "small coin" or "small change"), there are extremely high standards for applied art to be reached for it to achieve copyright protection
Copyright protection
The term copyright protection may refer to two things:* The monopoly granted to authors by copyright, as in "The 1996 act provided additional copyright protection," or "Permission is not granted to use these images, which are protected by copyright."...
. This is so because Geschmacksmuster
Geschmacksmuster
Under German law, the Geschmacksmuster is a form of intellectual property that extends industrial design rights over the visual design of objects that is not purely utilitarian...
(design patents) and Schriftzeichengesetz (typeface patents) are seen as lex specialis
Lex specialis
Lex specialis, in legal theory and practice, is a doctrine relating to the interpretation of laws, and can apply in both domestic and international law contexts. The doctrine states that a law governing a specific subject matter overrides a law which only governs general matters...
for applied art such that the threshold of originality must not be assumed low for them. This has been confirmed by courts several times, especially for logos, but also for earrings.
Transfer
The Urhebergesetz is an authors’ right (“droit d’auteur”) or “monistic” style law. As such there is a special emphasis on the relation between the work and its actual author. The right is perceived as an aspect of the author’s general personality right and as a general rule is therefore inalienable. This also means that there is no corporate copyrightCopyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and the fundamental rights cannot be transferred except by heritage
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
.
Licenses
While exclusive licenses are almost as powerful as copyright transfer, the author always retains some rights to the work, including the right to prevent defacing and to be identified as the author. Employment agreements are frequently construed as granting the employer an exclusive license to any works created by the employee within the scope of his obligations. For computer softwareComputer software
Computer software, or just software, is a collection of computer programs and related data that provide the instructions for telling a computer what to do and how to do it....
, the copyright act expressly provides that all economic usage rights (as opposed to personality rights) “belong” to the employer.
A recent amendment of the Urhebergesetz (sec. 31a, included in 2008) has created the possibility to grant licenses for "unknown uses", i.e. permit use of works in media not known at the time the license is granted. This had not previously been possible, so that even "unrestricted" licenses granted before the mid-1990s did not (and could not) include the right to use the work on the internet, which created considerable practical problems.
Collection
Copyright societiesCopyright collective
A copyright collective is a body created by copyright law or private agreement which engages in collective rights management...
that collect royalties as part of compulsory licensing
Compulsory license
A compulsory license, also known as statutory license or mandatory collective management, provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of arbitration.- Copyright law :In a number of countries...
in the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU) usually hold monopolies in their respective national markets. In Germany, case law has established the so-called , a presumption that works are managed by the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte
Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte
Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte is a performance rights organization from Germany. It is the only such institution in Germany and a member of BIEM and CISAC...
(GEMA) due to its monopoly position. As such, in Germany the burden of proof is on the accused infringer that the work is not managed by GEMA.
EU Directive
Germany has implemented the EU Copyright Directive 93/98/EEC. Parts of the Directive were based on German authors’ right law in the first place, e.g. the duration of copyright termCopyright term
Copyright term is the length of time copyright subsists in a work before it passes into the public domain.- Length of copyright:Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work Copyright term is...
: German authors’ right law had previously granted protection for 70 years after the death of the author, which was the longest term of all EU member states; before 1965 it was life plus eighty years.