Copyright is an area of law that provides protection to creators of literary, artistic, musical and a variety of other types of works and is thus of great importance to both freelance artists and businesses. In Germany, this right is laid down in copyright legislation, specifically in the Copyright Act (UrhG).
The basis of German copyright law is the recognition of the legal relationship between the author and his or her work. In contrast to Anglo-Saxon copyright, which primarily protects economic interests, German copyright law focuses on the individual as creator.
Once a work has been created, it is automatically protected by copyright in Germany; no registration or application is required. Protection begins the moment the work is created and recorded in some way - whether on paper, on a hard drive or in some other form.
The essential rights of the author are divided into two categories: social rights and exploitation rights. The societal rights include the right to recognition of authorship and the right to take action against any adaptation (alteration) of the work. The exploitation rights concern, among other things, the use of the work, such as the right of reproduction, the right of distribution, the right of exhibition, the right of adaptation and the right of communication to the public.
Copyright infringements can have consequences under both civil and criminal law. In the case of copyright infringement, the rights holder can claim damages and demand that the unlawful use cease. Under criminal law, fines or custodial sentences can be imposed.
However, the regulations of copyright law are complex and many exceptions and special cases exist. For example, the right to quote allows the use of another's work if the author discusses the work in detail or puts it in a new context. A further exception is the exception rule, which allows, for example, private copying or use for teaching purposes. However, these and other exceptions are subject to strict conditions and can easily be misunderstood.
Legal advice and representation in copyright law are therefore of crucial importance in order to avoid infringements or, if necessary, to take action against them. Our law firm has extensive experience in copyright law.
We help our clients to protect and enforce their copyright interests. Whether you are a copyright owner and want to protect your rights, or you want to ensure that you do not infringe the rights of others, we are here to help.
Contact us to make an appointment for an initial consultation. We look forward to supporting you!