Frequently Asked Questions (FAQ) on German Copyright Law

1. What is Protected by German Copyright Law?

Answer:

German copyright law protects original works of authorship that are the result of individual intellectual creation. This includes:

Literary works (e.g., books, articles, poems)

Musical works (e.g., compositions, songs)

Artistic works (e.g., paintings, sculptures, photographs)

Cinematographic works (e.g., films, videos)

Software and databases

Example:

A novel written by an author, a song composed by a musician, or a  photograph taken by a photographer are all protected by copyright.

2. Who Owns the Copyright?

Answer:

The creator (author) of the work is the initial owner of the copyright. This applies to  individuals, groups, or entities that create original works. In cases ofemployment, the employer may own the copyright if the work is created within the scope of employment, unless otherwise agreed.

Example:

If a graphic designer creates a logo for a company as part of their job,  the company typically owns the copyright to the logo, unless the  employment contract states otherwise.

3. What Rights Does a Copyright Holder Have?

Answer:

Copyright holders have two main types of rights:

Moral Rights (Urheberpersönlichkeitsrechte):

Right of Attribution: The right to be recognized as the author.

Right of Integrity: The right to object to any distortion or modification of the work that harms the author's reputation.

Economic Rights (Verwertungsrechte):

Reproduction Right: The right to copy the work.

Distribution Right: The right to distribute the work (e.g., sell or rent).

Public Performance Right: The right to perform or display the work publicly.

Adaptation Right: The right to create derivative works (e.g., translations or adaptations).

Communication to the Public Right: The right to make the work available online or via other digital means.

Example:

An author can license their book to a publisher (economic rights) but  still retain the right to be credited as the author (moral rights).

4. How Long Does Copyright Protection Last?

Answer:

In Germany, copyright protection generally lasts for 70 years after the death of the author. For works with multiple authors, the term is calculated based on the death of the last surviving author.

Example:

If an author dies in 2020, their works will be protected until 2090.

5. Can Copyright Be Transferred or Licensed?

Answer:

Yes, copyright can be transferred or licensed through agreements:

Assignment: The copyright is transferred to another party (e.g., selling the rights to a publisher).

Licensing: The copyright holder grants permission to use the work under specific conditions (e.g., licensing a song for use in a film).

Example:

A musician can license their song to a streaming platform, allowing the  platform to stream the song while retaining ownership of the copyright.

6. What Constitutes Copyright Infringement?

Answer:

Copyright infringement occurs when someone uses a copyrighted work without the  copyright holder's permission, violating their exclusive rights.  Examples include:

Unauthorized Reproduction: Copying a book or downloading a movie without permission.

Unauthorized Distribution: Sharing copyrighted music or software on peer-to-peer networks.

Plagiarism: Passing off someone else's work as one's own.

Example:

Uploading a copyrighted movie to a file-sharing website without the copyright holder's consent is a clear case of infringement.

7. What Are the Exceptions to Copyright Protection?

Answer:

German copyright law includes limitations and exceptions that allow the use of copyrighted works without permission in certain cases, such as:

Private Use: Copying a work for personal, non-commercial use.

Quotation: Using excerpts for criticism, review, or academic purposes.

Educational Use: Using works in schools or universities for teaching purposes.

Example:

A student can quote a paragraph from a book in their thesis without infringing copyright, provided the source is properly cited.

8. How Can Copyright Be Enforced?

Answer:

Copyright holders can enforce their rights through:

Civil Lawsuits: Seeking injunctions, damages, or the destruction of infringing copies.

Criminal Charges: In cases of willful infringement, criminal penalties such as fines or imprisonment may apply.

Customs Enforcement: Preventing the import or export of infringing goods.

Example:

A photographer can sue a website for using their photo without permission and seek compensation for damages.

9. What Are the Penalties for Copyright Infringement?

Answer:

Penalties for copyright infringement in Germany can include:

Civil Penalties: Damages, injunctions, and the seizure of infringing goods.

Criminal Penalties: Fines or imprisonment for up to 3 years (or up to 5 years in severe cases).

Example:

A person who illegally downloads and distributes copyrighted movies may face fines or even imprisonment.

10. What Is the Role of Collective Management Organizations (CMOs)?

Answer:

Collective Management Organizations (CMOs) manage copyrights on behalf of  creators, particularly for works that are used widely (e.g., music,  films). They collect royalties and distribute them to rights holders.

Example:

GEMA (Gesellschaft für musikalische Aufführungs- und mechanische  Vervielfältigungsrechte) collects royalties for musicians when their  songs are played in public or broadcasted.

11. How Does German Copyright Law Apply to the Internet?

Answer:

German copyright law applies to online activities just as it does to offline activities. Key issues include:

Uploading and Downloading: Unauthorized uploading or downloading of copyrighted content is illegal.

Linking and Embedding: Linking to infringing content can be considered a violation if the linker is aware of the infringement.

Platform Liability: Platforms like YouTube must take measures to prevent the upload of infringing content.

Example:

A blogger who embeds a copyrighted video on their website without permission may be liable for infringement.

12. What Is the Difference Between Copyright and Related Rights?

Answer:

Copyright protects the creators of original works, while related rights (neighboring rights) protect other contributors, such as:

Performers: Actors, musicians, and singers.

Producers: Record labels and film producers.

Broadcasters: TV and radio stations.

Example:

A musician performing a cover song has related rights to their  performance, while the original songwriter holds the copyright to the  song.

13. Can Ideas Be Copyrighted?

Answer:

No, copyright protects the expression of ideas, not the ideas themselves. For example, a story concept cannot be copyrighted, but the written story can.

Example:

The idea for a superhero movie is not protected, but the script, characters, and dialogue are.

14. What Should I Do If My Copyright Is Infringed?

Answer:

If your copyright is infringed, you can:

Send a Cease-and-Desist Letter: Demand that the infringer stop using your work.

File a Lawsuit: Seek damages or an injunction in court.

Report to Authorities: In severe cases, file a criminal complaint.

Example:

A photographer whose image is used without permission on a website can send a cease-and-desist letter and demand compensation.

15. How Can I Avoid Infringing Someone Else's Copyright?

Answer:

To avoid infringement:

Seek Permission: Always obtain a license or permission to use copyrighted works.

Use Public Domain Works: Works whose copyright has expired are free to use.

Rely on Exceptions: Use works under exceptions like private use or quotation.

Example:

A filmmaker can license music for their movie or use royalty-free tracks to avoid infringement.