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LAW DEALING WITH COPYRIGHT AND RELATED RIGHTS COPYRIGHT LAW of July 22 1997
LAW DEALING WITH COPYRIGHT AND RELATED RIGHTS (COPYRIGHT LAW) |
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| (Text of September 9, 1965, as last amended by the Law of July 22, 1997) |
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(Translation by the International Bureau of WIPO, completed by the German authorities with regard to Amendments by the Law of July 22, 1997)
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Authors of literary, scientific and artistic works shall enjoy protection for their works in accordance with this Law.
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Article 2 Protected Works
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(1) Protected literary, scientific and artistic works shall include, in particular:
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1. works of language, such as writings, speeches and computer programs;
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3. works of pantomime, including choreographic works;
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4. works of fine art, including works of architecture and of applied art and plans for such works;
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5. photographic works, including works produced by processes similar to photography;
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6. cinematographic works, including works produced by processes similar to cinematography;
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7. illustrations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and three-dimensional representations.
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(2) Personal intellectual creations alone shall constitute works within the meaning of this Law.
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Translations and other adaptations of a work which constitute personal intellectual creations of the adapter shall enjoy protection as independent works without prejudice to copyright in the work that has been adapted. Insignificant adaptations of a non-protected musical work shall not enjoy protection as independent works.
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Article 4 Collections and Database Works
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(1) Collections of works, data or other independent elements which, by reason of the selection or arrangement of the elements, constitute a personal intellectual creation (collections) shall enjoy protection as independent works without prejudice to a copyright or neighboring right existing in the elements included in the collection.
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Article 6 Published Works and Released Works
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(1) A work shall be deemed published if, with the consent of the copyright owner, it has been made accessible to the public.
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(2) A work shall be deemed released if, with the consent of the copyright owner, copies of the work have been produced in sufficient quantity and have been publicly offered for sale or put into circulation. A work of fine art shall also be deemed to have been released if, with the consent of the copyright owner, the original or a copy of the work is made permanently accessible to the public.
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The person who creates the work shall be deemed the author.
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(1) If several persons have created a work jointly, and their respective contributions cannot be separately exploited, they shall be deemed the joint authors of the work.
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(2) The right of publication and of exploitation of the work shall belong jointly to the joint authors; alterations to the work shall be permissible only with the consent of the joint authors. However, a joint author may not unreasonably refuse his consent to the publication, exploitation or alteration of the work. Each joint author shall be entitled to assert claims arising from infringements of the joint copyright; however, he may demand payment only on behalf of all joint authors.
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(3) The proceeds resulting from the utilization of the work shall accrue to the joint authors in proportion to the extent of their respective contributions to the work unless otherwise agreed between them.
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Article 9 Authors of Compound Works
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If several authors have combined their works for exploitation in common, each of them may require from the others their consent to the publication, exploitation or alteration of the compound works, if such consent may be reasonably demanded of them.
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Article 10 Presumption of Authorship
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(1) In the absence of proof to the contrary, the person designated in the customary manner as the author on copies of a work which has been published or on the original of a work of fine art shall be deemed the author of the work; the same shall apply to a designation which is known as the author’s pseudonym or the artist’s mark.
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| SECTION IV
SCOPE OF COPYRIGHT |
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Copyright shall protect the author with respect to his intellectual and personal relationship with his work, and also with respect to utilization of his work.
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2. Moral Rights of Authors
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Article 12 Right of Publication
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(1) The author shall have the right to decide whether and how his work is to be published.
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(2) The author shall have the exclusive right to publicly communicate or describe the content of his work for as long as neither the work nor its essence nor a description of the work has been published with his consent.
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Article 13 Recognition of Authorship
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The author shall have the right of recognition of his authorship of the work. He may decide whether the work is to bear an author’s designation and what designation is to be used.
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Article 14 Distortion of the Work
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The author shall have the right to prohibit any distortion or any other mutilation of his work which would jeopardize his legitimate intellectual or personal interests in the work.
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(1) The author shall have the exclusive right to exploit his work in material form; his right shall comprise in particular:
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(2) The author shall further have the exclusive right to communicate his work to the public in non-material form. (right of communication to the public); his right shall comprise in particular:
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1. the right of recitation, performance and presentation (Article 19);
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3. the right of communication by means of video or audio recordings (Article 21);
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(3) The communication of a work shall be deemed public if it is intended for a plurality of persons, unless such persons form a clearly defined group and are connected by personal relationship with each other or with the organizer.
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Article 16 Right of Reproduction
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(1) The right of reproduction is the right to make copies of the work by whatever method and in whatever quantity.
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(2) Reproduction of a work shall also be constituted by the fixation of the work on devices which permit the repeated communication of sequences of images or sounds (video or audio recording mediums) whether by recording a communication of the work on a video or audio medium or by transferring the work from one medium to another.
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Article 17 Distribution Right
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(1) The distribution right is the right to offer to the public or to put into circulation the original work or copies thereof.
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(2) If the original work or copies thereof have been put into circulation in the territory of the European Union or of another Contracting State of the Convention Concerning the European Economic Area through sale thereof with the consent of the holder of the distribution right, their further distribution shall be permissible with the exception of rental.
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(3) In the meaning of the provisions of this Law, rental shall be the temporary making available for use for the purposes of directly or indirectly making profits. However, making available the following original works or copies thereof shall not be deemed to constitute rental
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1. edifices and works of applied art, or
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2. in the context of a work or service relationship for the exclusive purpose of being used in fulfilling obligations arising out of the work or service relationship.
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Article 18 Right of Exhibition
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The right of exhibition is the right to place on public view the original or copies of an unpublished work of fine art or of an unpublished photographic work.
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Article 19 Right of Recitation, Performance, and Presentation
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(1) The right of recitation is the right of live delivery to the public of a work of language.
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(2) The right of performance is the right of live performance to the public of a musical work or of public performance of a work on the stage.
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(3) The right of recitation and performance encompasses the right to make recitations and performances perceivable to the public by screen, loudspeaker or similar technical device, in a place other than that in which the live rendering takes place.
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(4) The right of presentation is the right to make a work of fine art, a photographic work, a cinematographic work, or illustrations of a scientific or technical character perceivable to the public by means of technical devices. The right of presentation does not include the right to make the broadcast of such works perceivable to the public (Article 22).
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Article 20 Right of Broadcasting
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The right of broadcasting is the right to make a work accessible to the public by broadcasting, such as radio or television transmission, or by wire or by other similar technical devices.
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Article 21 Right of Communication by Video or Audio Recordings
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The right of communication by audio or video recordings is the right to make recitations or performances of a work perceivable to the public by means of video or audio recordings. Article 19(3) shall apply mutatis mutandis.
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Article 22 Right of Communication of Broadcasts
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The right of communication of broadcasts is the right to make broadcasts of a work perceivable to the public by means of screen, loudspeaker or similar technical device. Article 19(3) shall apply mutatis mutandis.
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Article 23 Adaptations and Transformations
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Adaptations or other transformations of a work may be published or exploited only with the consent of the author of the adapted or transformed work. In the case of cinematographic adaptations of a work, of the execution of plans and sketches for a work of fine art, or of copies of an architectural work or of the adaptation or transformation of a database work, the author’s consent shall be required for the making of such adaptation or transformation.
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(1) An independent work created by free use of the work of another person may be published and exploited without the consent of the author of the used work.
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4. Other Rights of Authors
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Article 25 Access to Works
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(1) The author may require the owner of the original or of a copy of his work to afford him access to the original or the copy, provided it is necessary for making reproductions or adaptations of the work and is not opposed by any legitimate interest of the owner.
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(2) The owner shall not be required to surrender the original or the copy to the author.
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Article 26 Resale Royalty Right
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(1) If the original of a work of fine art is resold and if an art dealer or an auctioneer is involved as purchaser, vendor or agent, the vendor shall pay to the author a share amounting to five percent of the selling price. There shall be no such obligation if the selling price is less than 100 German marks.
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(2) The author may not waive his right to his share in advance. The expectancy may not be enforced; any disposition of the expectancy shall be without legal effect.
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(3) The author may require an art dealer or auctioneer to provide information on the originals of the author’s works that have been resold through the intermediary of the art dealer or auctioneer during the last calendar year having elapsed prior to the request for information.
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(4) Where necessary to assert his claim against the vendor, the author may require the art dealer or auctioneer to provide information on the name and address of the vendor and the amount of the selling price. The art dealer or auctioneer may refuse information on the name and address of the vendor if he pays the share due to the author.
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(7) The claims of the author shall expire after 10 years.
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(8) The foregoing provisions shall not apply to architectural works and works of applied art.
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Article 27 Remuneration for Rental and Lending
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| SECTION V
DEALINGS WITH RIGHTS IN COPYRIGHT |
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1. Succession to Copyright
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Article 28 Inheritance of Copyright
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(1) Copyright may be transferred by inheritance.
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(2) The author may transfer the exercise of copyright to an executor by testamentary disposition. Article 2210 of the Civil Code shall not apply.
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Article 29 Transfer of Copyright
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Copyright may be transferred in execution of a testamentary disposition or to coheirs as part of the partition of an estate. Copyright shall not otherwise be transferable.
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Article 30 Successor in Title of Author
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In the absence of any stipulation to the contrary, the successor in title of the author shall have the rights afforded the author by this Law.
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Article 31 Granting of Exploitation Rights
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(1) The author may grant a right to another to use the work in a particular manner or in any manner (exploitation right). An exploitation right may be granted as a non-exclusive right or as an exclusive right.
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(2) A non-exclusive exploitation right shall entitle the right holder to use the work, concurrently with the author or any other entitled persons, in the manner permitted to him.
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(3) An exclusive exploitation right shall entitle the right holder to use the work, to the exclusion of all other persons, including the author, in the manner permitted to him, and to grant non-exclusive exploitation rights. Article 35 remains unaffected.
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(4) The grant of an exploitation right for as yet unknown types of use and any obligations in that respect shall have no legal effect.
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(5) If the types of use to which the exploitation right extends were not specifically designated when the right was granted, the scope of the exploitation right shall be determined in accordance with the purpose envisaged in making the grant.
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Article 32 Limitation of Exploitation Rights
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An exploitation right may be limited in respect of place, time or purpose.
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Article 33 Continuing Effect of Non-exclusive Exploitation Rights
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A non-exclusive exploitation right which the author has granted prior to granting an exclusive exploitation right shall remain effective with respect to the holder of the exclusive exploitation right in the absence of any contrary agreement between the author and the holder of the non-exclusive exploitation right.
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Article 34 Transfer of Exploitation Rights
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(1) An exploitation right may be transferred only with the author’s consent. The author may not unreasonably refuse his consent.
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(3) An exploitation right may be transferred without the author’s consent if the transfer is comprised in the sale of the whole of an enterprise or the sale of parts of an enterprise.
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(4) The holder of an exploitation right and the author may agree on different terms.
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(5) If the transfer of an exploitation right is permissible by agreement or by operation of law without the author’s consent, the transferee shall have joint and several liability for the discharge of the transferor’s obligations under his agreement with the author.
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Article 35 Grant of Non-exclusive Exploitation Rights
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(1) The holder of an exclusive exploitation right may grant non-exclusive rights only with the author’s consent. No consent shall be required if the exclusive exploitation right was granted exclusively for the administration of the author’s interests.
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Article 36 Author’s Participation
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(1) If an author has granted an exploitation right to another party on conditions which cause the agreed consideration to be grossly disproportionate to the income from the use of the work, having regard to the whole of the relationship between the author and the other party, the latter shall be required, at the demand of the author, to assent to a change in the agreement such as will secure for the author an equitable share of the income having regard to the circumstances.
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(2) Such claim shall be barred two years from the time the author obtains knowledge of the circumstances which give rise to the claim or after 10 years irrespective of such knowledge.
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(3) The claim may not be waived in advance. Expectancy may not be enforced; any disposition with respect to the expectancy shall be without legal effect.
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Article 37 Agreements to Grant Exploitation Rights
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(1) If an author grants to another an exploitation right in his work, he shall be deemed in case of doubt to have retained his right to authorize the publication or exploitation of any adaptation of the work.
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(2) If an author grants to another the right to reproduce his work, he shall be deemed in case of doubt to have retained his right to record his work on video or audio mediums.
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(3) If an author grants to another the right to communicate his work to the public, the latter shall not, in case of doubt, be deemed to be entitled to make the communication perceivable to the public by screen, loudspeaker or other similar technical device other than at the event for which it is intended.
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Article 38 Contributions to Collections
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(1) If an author consents to inclusion of his work in a collection which appears periodically, the publisher or editor shall be deemed in case of doubt to have acquired an exclusive right of reproduction and distribution. However, the author may otherwise reproduce and distribute the work on expiry of one year from the date of release, unless otherwise agreed.
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(3) If a contribution is made available to a newspaper, the publisher or editor shall be deemed to have acquired a non-exclusive exploitation right, unless otherwise agreed. If the author grants an exclusive exploitation right, he shall be entitled, immediately after the appearance of the contribution, to otherwise reproduce and distribute his work, unless otherwise agreed.
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Article 39 Alteration of Work
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(2) Alterations to the work and its title which the author cannot reasonably refuse shall be permissible.
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Article 40 Agreements as to Future Works
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(1) Agreements by which an author undertakes to grant exploitation rights in future works which are in no way specified or only referred to by type shall be in writing. They may be terminated by either party after a period of five years from conclusion of the agreement. Six months’ notice of termination shall be given, if no shorter period has been agreed.
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(2) The right of termination may not be waived in advance. Other contractual or statutory rights of termination shall remain unaffected.
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(3) If exploitation rights in future works have been granted in execution of the agreement, that provision shall cease to have effect in respect of works which have not yet been supplied at such time.
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Article 41 Right of Revocation for Non-exercise
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(1) If the holder of an exclusive exploitation right does not exercise such right or exercises it insufficiently, and if thereby serious injury is caused to the author’s legitimate interests, the latter may revoke the exploitation right. This shall not apply if non-exercise or insufficient exercise is mainly due to circumstances which the author can reasonably be expected to remedy.
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(2) The right of revocation may not be exercised before the expiration of two years from the grant or transfer of the exploitation right or, if the work is supplied at a later date, from the date of delivery. In the case of a contribution to a newspaper, the period shall be three months, for a contribution to a periodical appearing at monthly intervals or less, it shall be six months, and for contributions to other periodicals, one year.
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(3) The right of revocation may be exercised only after the author has afforded the holder of the exploitation right, upon notifying him of the proposed revocation, an additional period of time that is reasonable for sufficient exercise of the right. The author shall not be required to afford an additional period of time if it is impossible for the holder of the right to exercise it or if he refuses to exercise it or if the affording of an additional period of time would jeopardize predominant interests of the author.
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(4) The right of revocation may not be waived in advance. Its exercise may not be precluded in advance for more than five years.
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(5) The exploitation right shall terminate when the revocation takes effect.
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(6) The author shall indemnify the person affected by the revocation if and to the extent required by equity.
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(7) The rights and claims of the parties under other statutory provisions shall remain unaffected.
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Article 42 Right of Revocation for Changed Conviction
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(2) The right of revocation may not be waived in advance. Its exercise may not be precluded.
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(3) The author must equitably indemnify the holder of the exploitation right. The indemnification must cover at least the costs which he had incurred before he was notified of revocation; however, costs attributable to uses already completed shall not be taken into account. Revocation shall not become effective until the author has reimbursed such costs or provided security therefor. The holder of the right shall communicate the amount of his costs to the author within three months after notification of revocation; if he fails to do so, the revocation shall become effective already on expiration of this period.
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(4) Should the author wish to resume exploitation of the work after revocation, he shall be required to offer to the previous holder of the exploitation right the same type of right on reasonable conditions.
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Article 43 Authors in Employment or Service
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The provisions of this subsection shall also apply if the author has created the work in execution of his duties under a contract of employment or service provided nothing to the contrary transpires from the terms or nature of the contract of employment or service.
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Article 44 Sale of the Original of a Work
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(1) If the author sells the original of a work, he shall not be deemed in case of doubt to have thereby granted an exploitation right to the acquirer.
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(2) The owner of the original of a work of fine art or of a photographic work shall be entitled to exhibit the work in public, even if it has not yet been published, unless expressly excluded by the author when selling the original.
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| SECTION VI
LIMITATIONS ON COPYRIGHT |
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Article 45 Administration of Justice and Public Safety
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(1) It shall be permissible to make or cause to be made copies of a work for use in proceedings before a court, an arbitration tribunal or a public authority.
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(2) Courts, arbitration tribunals and public authorities may, for the purposes of administration of justice and public safety, reproduce portraits or cause portraits to be reproduced.
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(3) The distribution, public exhibition and public communication of such works shall be permissible under the same conditions as for their reproduction.
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Article 46 Collections for Religious, School or Instructional Use
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(1) Reproduction and distribution shall be permissible where limited parts of works, of works of language and of musical works, individual works of fine art or individual photographs are incorporated after their publication in a collection which assembles the works of a considerable number of authors and is intended, by its nature, exclusively for religious, school or instructional use. The purpose for which the collection is to be used shall be clearly stated on the title page or some other appropriate place.
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(4) The author shall be paid equitable remuneration for the reproduction and distribution.
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Article 47 School Broadcasts
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(1) Schools and institutions for the training and further training of teachers may make individual copies of works which are included in a school broadcast by recording the works on a video or audio medium. The same shall apply to youth welfare homes and to the official Land pictorial materials services or comparable publicly owned institutions.
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(2) The video or audio recordings may be used only for instructional purposes. They must be destroyed not later than the end of the school year following the transmission of the school broadcast, unless equitable remuneration has been paid to the author.
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Article 48 Public Speeches
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(1) It shall be permissible
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1. to reproduce and distribute in newspapers, periodicals or other information journals which mainly record current events, speeches on issues of the day made at public meetings or in broadcasting and to communicate such speeches to the public;
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2. to reproduce, distribute and communicate to the public speeches made at public proceedings in State, local government or religious bodies.
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Article 49 Newspaper Articles and Broadcast Commentaries
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(1) It shall be permissible to reproduce and distribute individual broadcast commentaries and individual articles from newspapers and other information journals devoted solely to issues of the day in other newspapers or journals of like kind and to communicate such commentaries and articles to the public, if they concern political, economic or religious issues of the day and do not contain a statement reserving rights. The author shall be paid equitable remuneration for reproduction, distribution and public communication, unless short extracts from a number of commentaries or articles are reproduced, distributed or publicly communicated in the form of an overview. Claims may be asserted by a collecting society only.
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(2) It shall be permissible, without limitation, to reproduce, distribute and publicly communicate miscellaneous information relating to facts or news of the day which have been publicly disseminated by the press or by broadcasting; this provision shall not affect any protection afforded by other provisions of law.
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Article 50 Visual and Sound Reporting
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For the purposes of visual and sound reporting on events of the day by broadcast or film and in newspapers or periodicals mainly devoted to current events, works which become perceivable in the course of the events which are being reported on may be reproduced, distributed and publicly communicated to the extent justified by the purpose of the report.
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Reproduction, distribution and communication to the public shall be permitted, to the extent justified by the purpose, where
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1. individual works are included after their publication in an independent scientific work to illustrate its contents;
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2. passages from a work are quoted after its publication in an independent work of language;
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3. individual passages from a published musical work are quoted in an independent musical work.
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Article 52 Communication to the Public
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(2) The public communication of a published work shall be permissible at a religious service or a celebration of the churches or religious communities. However, the organizer shall pay the author an equitable remuneration.
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(3) Public stage performances and broadcasts of a work and public presentations of cinematographic works shall in all cases be permissible only with the consent of the copyright owner.
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Article 53 Reproduction for Private and Other Personal Uses
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(1) It shall be permissible to make single copies of a work for private use. A person authorized to make such copies may also cause such copies to be made by another person; however, this shall apply to the transfer of works to video or audio recording mediums and to the reproduction of works of fine art only if no payment is received therefor.
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(2) It shall be permissible to make or to cause to be made single copies of a work
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1. for personal scientific use, if and to the extent that such reproduction is necessary for the purpose,
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2. to be included in personal files, if and to the extent that reproduction for this purpose is necessary and if a personal copy of the work is used as the model for reproduction,
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3. for personal information concerning current events, in the case of a broadcast work,
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4. for other personal uses,
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(a) in the case of small parts of published works or individual contributions that have been published in newspapers or periodicals,
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(b) in the case of a work that has been out of print for at least two years.
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(3) It shall be permissible to make or to cause to be made copies of small parts of a printed work or of individual contributions published in newspapers or periodicals for personal use,
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1. in teaching, in non-commercial institutions of education and further education or in institutions of vocational education in a quantity required for one school class or
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2. for State examinations and examinations in schools, universities, non-commercial institutions of education and further education and in vocational education in the required quantity,
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if and to the extent that such reproduction is necessary for this purpose.
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(a) of graphic recordings of musical works,
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(b) of a book or a periodical in the case of essentially complete copies,
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shall only be permissible, where not carried out by manual copying, with the consent of the copyright owner or in accordance with paragraph (2), item 2, or for personal use in the case of a work that has been out of print for at least two years.
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(6) Copies may neither be disseminated nor used for public communication. It shall be permissible, however, to lend out lawfully made copies of newspapers and works that are out of print or such copies in which small damaged or lost parts have been replaced with reproduced copies.
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Article 54 Obligation to Pay Remuneration for Reproduction by Means of Video and Audio Recording
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2. of video or audio recording mediums
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that are obviously intended for the making of such reproductions, in respect of the possibility of making such reproductions that is created by the sale of the appliances and of the video or audio recording mediums. In addition to the manufacturer, any person who commercially imports or reimports such appliances or such video or audio recording mediums into the territory to which this Law applies or who deals therein shall be jointly and severally liable. A dealer shall not be liable if he procures in one half of a calendar year video or audio recording mediums with less than 6,000 hours of playing time and less than 100 appliances.
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(2) The importer shall be the person who introduces the appliances or the video or audio recording mediums, or causes them to be introduced, into the territory to which this Law applies. Where the importing is based on a contract with a person foreign to that territory, the importer shall be that contractual party alone who is domiciled in the territory to which this Law applies, in so far as he is commercially active. Any person who acts simply as forwarding agent, carrier or the like in the introduction of the goods shall not be considered the importer. A person who introduces goods from third countries, or causes them to be introduced, into a free zone or a free warehouse in accordance with Article 166 of Council Regulation (EEC) No. 2913/92 of October 12, 1992 establishing the Community Customs Code (OJ No. L 302, page 1) shall only be deemed the importer if the items are used in that territory or if they are released for free circulation for customs purposes.
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Article 54a Obligation to Pay Remuneration for Reproduction by Means of Photocopying
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In addition to the manufacturer, any person who commercially imports or reimports such appliances into the territory to which this Law applies or who deals therein shall be jointly and severally liable. A dealer shall not be liable if he procures less than 20 appliances in one half calendar year.
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Article 54b Inapplicability of the Dealer’s Obligation to Pay Remuneration
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1. where a person required to pay the remuneration, from whom the dealer obtains the appliances or the video or audio recording mediums, is bound by an inclusive contract concerning the remuneration or
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Article 54 c Inapplicability of the Obligation to Pay Remuneration on Export
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Article 54d Amount of Remuneration
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Article 54e Obligation to Refer in Invoices to Copyright Remuneration
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Article 54f Obligation to Report
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(1) Any person who commercially imports or reimports appliances or video or audio recording mediums that are obviously intended for the making of reproductions by means of video and audio recording into the territory to which this Law applies shall have the obligation in respect of the author to report in writing the nature and quantity of the items imported to the receiving office designated in accordance with Article 54h(3) monthly by the tenth day after the expiry of each calendar month.
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(3) Where the person required to report does not satisfy the obligation to report or only does so incompletely or otherwise incorrectly, twice the rate of remuneration may be required.
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Article 54g Obligation to Provide Information
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(2) The author may require information necessary to assess the remuneration from the operator of an appliance in an institution within the meaning of the first sentence of Article 54a(2).
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Article 54h Collecting Societies, Handling of Reports
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(2) Each copyright owner shall be entitled to an equitable share in the remuneration paid under Articles 54 and 54a.
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Article 55 Reproduction by Broadcasting Organizations
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(1) A broadcasting organization entitled to broadcast a work shall have the right to record the work by means of its own facilities on video or audio recording mediums in order to use them once only for broadcasting over each of its transmitters or relay stations. Such video or audio recordings must be destroyed not later than one month after the first broadcast of the work.
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(2) Video or audio recordings of an exceptional documentary nature need not be destroyed if they are placed in an official archive. The author shall be notified without delay of their deposit in such archive.
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Article 55a Use of a Database Work
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Adaptation and the reproduction of a database work by the owner of a copy of the database work, having been put into circulation with the consent of the author by way of sale, by a person in other ways entitled to use the copy of the database work or by anyone to whom a database work has been made accessible on the basis of a contract with the author or with a third person who has the former’s consent, shall be permissible if and to the extent that the adaptation or reproduction is necessary for access to the elements of the database work and for its usual use. If, on the basis of a contract pursuant to sentence 1, only a part of the database work is made accessible, it shall only be permissible to adapt and to reproduce this part. Any contractual provisions to the contrary shall be null and void.
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Article 56 Reproduction and Public Communication by Commercial Enterprises
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(1) Commercial enterprises which sell video or audio recordings or appliances for making or communicating such recordings, or appliances for the reception of broadcasts, or which repair them, may record works on video or audio mediums and may publicly communicate video or audio recordings or make broadcast works perceivable to the public where necessary to demonstrate such appliances and devices to customers or to repair such appliances.
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Article 57 Incidental Works
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It shall be permissible to reproduce, distribute and publicly communicate works if they may be regarded as insignificant and incidental with regard to the actual subject of the reproduction, distribution or public communication.
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Article 58 Catalog illustrations
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It shall be permissible to reproduce and distribute works of fine art which are exhibited in public or intended for public exhibition or auction in catalogs which are issued by the organizer for the purpose of the exhibition or auction.
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Article 59 Works In Public Places
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(1) It shall be permissible to reproduce, by painting, drawing, photography or cinematography, works which are permanently located on public ways, streets or places and to distribute and publicly communicate such copies. For works of architecture, this provision shall be applicable only to the external appearance.
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(2) Reproductions may not be carried out on a work of architecture.
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(1) The commissioner of a portrait or his successor in title may reproduce it or cause it to be reproduced by photography. If the portrait is a photographic work, reproduction other than by photography shall also be permissible. The copies may be distributed without payment.
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(2) The same rights shall be enjoyed by the person portrayed or, after his death, by his next of kin in the case of a portrait created on commission.
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Article 61 Compulsory License for the Production of Audio Recordings
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(1) If a producer of audio recordings has been granted an exploitation right in a musical work entitling him to record the work on an audio medium and to reproduce and distribute that recording for commercial purposes, the author shall be required to grant an exploitation right with the same content on reasonable conditions to any other producer of audio recordings whose main establishment or whose domicile is located on the territory to which this Law applies; this provision shall not apply if the exploitation right referred to is lawfully administered by a collecting society or if the work no longer reflects the author’s conviction and he can therefore no longer reasonably be expected to agree to the exploitation of his work and he has for that reason revoked any existing exploitation right. The author shall not be required to authorize the use of the work in the production of a cinematographic work.
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(3) An exploitation right granted under the foregoing provisions shall have effect only on the territory to which this Law applies and for export to States in which the work does not enjoy protection against recording on audio mediums.
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(4) If the author has granted the exclusive exploitation right to another person entitling him to record the work for commercial purposes on audio recording mediums and to reproduce and distribute those recordings, the foregoing provisions shall be applicable except that the holder of the exclusive exploitation right shall be required to grant the exploitation right referred to in paragraph (1).
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(5) The foregoing provisions shall be applicable mutatis mutandis to a work of language employed as the text of a musical work, if the author of the work of language has granted to a producer of audio recordings a right to record the work in conjunction with the musical work and to reproduce and distribute such recordings.
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Article 62 Prohibition of Alteration
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(2) Where the purpose of the use may demand, it shall be permissible to make translations and such alterations to the work as amount merely to extracts or to transpositions into another key or pitch.
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(3) With respect to works of fine art and photographic works, conversion to a different scale and other alterations of the work shall be permissible to the extent required by the method of reproduction.
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Article 63 Acknowledgment of Source
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(1) If a work or part of a work is reproduced pursuant to Article 45(1), Articles 46 to 48, 50, 51, 58, 59 and 61, the source must in all cases be clearly acknowledged. The same shall apply to the reproduction of a database work in the cases referred to in Article 53 (2), item 1, and (3), item 1. In reproducing complete works of language or complete musical works, the publishing house which published the work must be stated in addition to the author, as also any abridgments or other alterations to the work. There shall be no obligation to acknowledge sources if no source is given either on the copy of the work used or with the reproduction of the work used and if no source is otherwise known to the person entitled to reproduce.
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(2) Where the provisions of this Section permit the public communication of a work, the source must be clearly acknowledged if and where trade practice so requires.
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| SECTION VII
DURATION OF COPYRIGHT |
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Copyright shall expire 70 years after the author’s death.
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Article 65 Joint Authors, cinematographic works
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(2) In the case of cinematographic works and works which are produced in a similar way to cinematographic works, copyright shall expire 70 years after the death of the longest-living of the following persons: the principal director, the author of the screenplay, the author of the dialogues, the composer of the music composed for the cinematographic work in question.
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Article 66 Anonymous and Pseudonymous Works
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(1) In the case of anonymous and pseudonymous works, copyright shall expire 70 years after publication. However, it shall expire as soon as 70 years after creation of the work if the work was not published within that time limit.
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Article 69 Calculation of Time Limits
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The time limits specified in this Section shall begin with the end of the calendar year in which the event which determines the beginning of the time limit has occurred.
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| SECTION VIII
SPECIAL PROVISIONS ON COMPUTER PROGRAMS |
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Article 69a Object of Protection
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(1) For the purposes of this Law, computer programs shall mean programs in any form, including their design material.
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(2) The protection afforded shall apply to the expression in any form of a computer program. Ideas and principles which underlie any element of a computer program, including those which underlie its interfaces, shall not be protected.
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(3) Computer programs shall be protected if they constitute original works in the sense that they are the result of their author’s own intellectual creation. No other criteria, particularly of a qualitative or aesthetic nature, shall be applied to determine their eligibility for protection.
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(4) The provisions on works of language shall apply to computer programs where not otherwise provided in this Section.
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Article 69b Authors in Employment or Service
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(1) Where a computer program is created by an employee in the execution of his duties or following the instructions given by his employer, the employer exclusively shall be entitled to exercise all the economic rights in the program, unless otherwise agreed.
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Article 69c Restricted Acts
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The right holder shall have the exclusive right to do or to authorize:
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1. the permanent or temporary reproduction of a computer program by any means and in any form, in part or in whole. Insofar as loading, displaying, running, transmission or storage of the computer program necessitate such reproduction, such acts shall be subject to authorization by the right holder;
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2. the translation, adaptation, arrangement or any other alteration of a computer program and the reproduction of the results thereof. The rights of the person who alters the program shall remain unaffected;
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Article 69d Exceptions to the Restricted Acts
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(2) The making of a back-up copy by a person having a right to use the computer program may not be prevented by contract insofar as it is necessary to ensure future use.
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(3) The person having a right to use a copy of a program shall be entitled, without the authorization of the right holder, to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.
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Article 69e Decompilation
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1. these acts are performed by the licensee or by another person having a right to use a copy of a program, or on their behalf by a person authorized to do so;
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2. the information necessary to achieve interoperability has not previously been readily available to the persons referred to in item 1;
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3. these acts are confined to the parts of the original program which are necessary to achieve interoperability.
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1. be used for goals other than to achieve the interoperability of the independently created computer program,
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2. be given to others, except when necessary for the interoperability of the independently created computer program,
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3. be used for the development, production or marketing of a computer program substantially similar in its expression, or for any other act which infringes copyright.
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Article 69f Infringement of Rights
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Article 69g Application of Other Legal Provisions; Law of Contract.
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(1) The provisions of this Section shall not prejudice the application of other legal provisions to computer programs, particularly those concerning the protection of inventions, topographies of semiconductor products, trademarks and unfair competition, including the protection of business and works secrets as also agreements under the law of obligations.
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| Part II
Neighbouring Rights |
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| SECTION I
PROTECTION OF CERTAIN EDITIONS |
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Article 70 Scientific Editions
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(2) The right shall be enjoyed by the author of the edition.
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(3) The right shall expire 25 years after publication of the edition; however, it shall expire 25 years after its production if the edition is not published within that time limit. The time limit shall be calculated in accordance with Article 69.
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Article 71 Posthumous Works
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(1) Any person who causes a work which has not previously been published to be legally published for the first time or performs it in public for the first time after the expiry of the copyright shall have the exclusive right to exploit it. The same shall apply to works which have not been previously published and which were never protected in the territory to which this Law applies, but whose authors have been dead for more than 70 years. Articles 5, 15 to 24, 26, 27 and 45 to 63 shall apply mutatis mutandis.
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(2) The right shall be transferable.
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(3) The right shall expire 25 years after the publication of the work or, if its first public communication took place earlier, after the latter.
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| SECTION II
PROTECTION OF PHOTOGRAPHS |
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| SECTION III
PROTECTION OF PERFORMERS |
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For the purposes of this Law, performer means a person who recites or performs a work or participates artistically in the recitation or performance of a work.
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Public communication of performance by screen, loudspeaker or similar technical device in a place other than that in which it takes place shall require the consent of the performer.
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Article 75 Recording, Reproduction and Distribution
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(1) Fixation of performance on a video or audio recording medium shall require the consent of the performer.
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(2) The performer shall have the exclusive right to reproduce and distribute the video or audio recording medium.
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(1) Broadcasting of a performance shall require the consent of the performer.
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(2) A performance which has been lawfully fixed on video or audio recording mediums may be broadcast without the consent of the performer if the recordings have been published; however, equitable remuneration shall be paid to the performer.
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Article 77 Communication to the Public
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If a performance is publicly communicated by means of video or audio recordings or made perceivable to the public by means of a broadcast, the performer shall be paid equitable remuneration.
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Article 79 Performers in Employment or Service
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If a performer has given a performance in execution of his duties under a contract of employment or of service, the extent and conditions under which his employer may use it or authorize others to use it shall be determined, if not otherwise agreed, by reference to the nature of the contract of employment or service.
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Article 80 Choral, Orchestral and Stage Performances
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(1) In the case of choral, orchestral and stage performances, the consent of the elected representatives of the participating groups of performers, such as choir, orchestra, ballet and stage companies, in addition to the consent of the soloists, conductor and producer, shall suffice for the purposes of Articles 74, 75(1) and (2) and Article 76(1). If a group has no such representative, the consent of the performers belonging to that group shall be replaced by the consent of the leader of the group.
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Article 81 Protection of Organizers
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Article 82 Duration of Rights
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Where a performance has been recorded on a video or audio medium, the rights of the performer shall expire 50 years and those of the organizer 25 years after the publication of the video or audio recording, or if its first legal use for public communication took place earlier, after the latter; however, the rights of the performer shall expire 50 years, and those of the organizer 25 years, after the performance if the video or audio recording has not been published or legally used for public communication within that period of time. The period of time shall be calculated in accordance with Article 69.
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Article 83 Protection Against Distortion
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(1) A performer shall have the right to prohibit any distortion or other alteration of his performance of such nature as to jeopardize his standing or reputation as a performer.
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(2) If a work is performed by several performers together, each performer shall take the others into due account when exercising the right.
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Article 84 Limitation of Rights
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| SECTION IV
PROTECTION OF PRODUCERS OF AUDIO RECORDINGS |
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Article 85 Right of Reproduction and Distribution
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(1) The producer of an audio recording shall have the exclusive right to reproduce and distribute the recording. If the audio recording has been produced by an enterprise, the owner of the enterprise shall be deemed the producer. The right shall not subsist by reason of the reproduction of an audio recording.
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(2) The right shall expire 50 years after publication of the audio recording, or if its first legal use for public communication took place earlier, after the latter; however, it shall expire 50 years after production if the audio recording has not been published or legally used for public communication during that period. The period shall be calculated in accordance with Article 69.
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Article 86 Right of Participation
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If a published audio recording on which a performance has been fixed is used for public communication, the producer of the audio recording may claim from the performer an equitable participation in the remuneration which the performer receives pursuant to Article 76(2) and Article 77.
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| SECTION V
PROTECTION OF BROADCASTING ORGANIZATIONS |
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(1) A broadcasting organization shall have the exclusive right
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1. to rebroadcast its broadcasts,
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2. to record its broadcasts on a video or audio recording medium, to make photographs of its broadcasts and to reproduce and distribute such recordings or photographs, with the exception of the rental right,
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3. to make its broadcast perceivable to the public in places only accessible to the public on payment of an entrance fee.
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(2) The right shall expire 50 years after the first broadcast. The period shall be calculated in accordance with Article 69.
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| SECTION VI
PROTECTION OF THE MAKER OF A DATABASE |
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(1) A database within the meaning of this Act is a collection of works, data or other independent elements arranged in a systematic or methodical way the elements of which are individually accessible either by electronic or by other means, and the obtaining. Verification or presentation of which requires a qualitatively or quantitatively substantial investment. A database the contents of which has been changed in a way that is qualitatively or quantitatively substantial is deemed a new database provided that the change entails a qualitatively or quantitatively substantial investment.
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(2) The maker of a database within the meaning of this Act is the one who has made the investment defined in subsection 1.
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Article 87b Rights of the Maker of the Database
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(1) The maker of the database has the exclusive right to reproduce, to distribute and to communicate to the public the whole database or a qualitatively or quantitatively substantial part thereof. The repeated or systematical reproduction, distribution or communication to the public of qualitatively and quantitatively insubstantial parts of the database shall be deemed as equivalent to the reproduction, distribution or communication of a qualitatively or quantitatively substantial part of the database provided that these acts run counter to a normal exploitation of the database or unreasonably prejudice the legitimate interests of the maker of the database.
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Article 87c Limitations on the rights of the Maker of a Database
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(1) The reproduction of a qualitatively or quantitatively substantial part of a database shall be permissible:
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1. for private use; this shall not apply to a database the elements of which are individually accessible by electronic means;
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2. for the purposes of personal scientific use, if and to the extent that the reproduction for this purpose is necessary and the scientific use does not serve commercial purposes;
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3. for personal use in teaching, in non-commercial institutions of education and further education and in vocational training in a quantity required for one school class.
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(2) The reproduction, distribution and communication to the public of a qualitatively or quantitatively substantial part of a database shall be permissible for use in proceedings before a court, an arbitration tribunal or a public authority as well as for purposes of public security.
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Article 87d Term of Protection
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The rights of the maker of a database shall expire fifteen years after the publication of the database, and fifteen years after the making of the database if it has not been published within that period of time. The period of time shall be calculated in accordance with Article 69.
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A contractual agreement according to which the owner of a copy of the database, having been put into circulation with the consent of the maker of the database by way of sale, or the person in other ways entitled to use the copy of the database or anyone to whom a database has been made accessible on the basis of a contract with the maker of the database or with a third party who has the former’s consent, obligates himself vis-à-vis the maker of the database to refrain from reproducing, distributing or communicating to the public qualitatively and quantitatively insubstantial parts of the database, shall be invalid to the extent that these acts do not conflict with the normal exploitation of the database nor unreasonably prejudice the legitimate interests of the maker of the database.
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| Part III
Special Provisions on Films |
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| SECTION I
CINEMATOGRAPHIC WORKS |
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Article 88 The Right to Make a Film
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(1) If an author permits another person to film his work, he shall be deemed, in case of doubt, to have granted the following exploitation rights:
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1. the right to use the work in its original form or as an adaptation or transformation for the purpose of producing a cinematographic work;
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2. the right to reproduce and distribute the cinematographic work;
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3. the right to publicly present the cinematographic work if it is a work intended for presentation;
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4. the right to broadcast the cinematographic work if it is a work intended for broadcasting;
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5. the right to exploit translations and other cinematographic adaptations or transformations of the cinematographic work to the same extent as the work itself.
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(3) The foregoing provisions shall apply mutatis mutandis to the rights referred to in Articles 70 and 71.
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Article 89 Rights in Cinematographic Works
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(1) Any person who undertakes to participate in the production of a film shall be deemed, in case of doubt, to have granted, should he acquire a copyright in the cinematographic work, to the producer of the film an exclusive right to utilize the cinematographic work as also translations and other adaptations or transformations of the cinematographic work in any known manner.
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(3) Authors’ rights in works used to produce the cinematographic work, such as novels, screenplay and film music, shall remain unaffected.
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Article 90 Limitation of Rights
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Article 91 Rights in Photographs
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The producer of a cinematographic work shall be deemed to have acquired the right of cinematographic exploitation in photographs which are taken in connection with the production of such cinematographic work. The photographer shall have no rights in this respect.
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(1) If a performer concludes a contract with the film producer on his participation in the production of a cinematographic work, in case of doubt concerning exploitation of the cinematographic work such contract shall constitute assignment of the rights pursuant to Article 75(1) and (2) and Article 76(1).
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Article 93 Protection Against Distortion
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Article 94 Protection of Producers of Films
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(1) The producer of a film shall have the exclusive right to reproduce, distribute and use for public presentation or broadcasting the video recording or video and audio recording on which the cinematographic work is fixed. The film producer shall further have the right to prohibit any distortion or abridgment of the video recording or video and audio recording which may jeopardize his legitimate interests.
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(2) The right shall be transferable.
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(3) The right shall expire 50 years after the publication of the video recording or video and audio recording or, first legal use for public communication took place earlier, after the latter: however, it shall expire 50 years after production if the video recording or video and audio recording has not been published or legally used for public communication during such period.
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| SECTION II
MOVING PICTURES |
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| Part IV
Common Provisions on Copyright and Neighboring Rights |
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| SECTION I
PROHIBITION OF EXPLOITATION |
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(1) Unlawfully made copies may be neither distributed nor used for public communication.
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(2) Unlawfully made broadcasts may not be fixed on video or audio recording mediums or publicly communicated.
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1. Civil Law Provisions; Remedies
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Article 97 Actions for Injunction and Damages
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(1) As against any person who infringes a copyright or any other right protected by this Law, the injured party may bring an action for injunctive relief requiring the wrongdoer to cease and desist if there is a danger of repetition of the acts of infringement, as well as an action for damages if the infringement was intentional or the result of negligence. In place of damages, the injured party may require surrender of the profits derived by the infringer from the acts of infringement together with detailed accounting reflecting such profits.
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(3) Rights arising from other statutory provisions shall not be affected.
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Article 98 Claim to Destruction or Surrender of Copies
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(1) The injured party may require destruction of all copies unlawfully manufactured, unlawfully distributed or intended for unlawful distribution that are in the possession of the infringer or are his property.
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Article 99 Claim to Destruction or Surrender of Devices
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Article 100 Liability of the Owner of an Enterprise
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1. works of architecture;
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2. separable parts of copies and devices whose manufacture or distribution is not unlawful.
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Article 101a Claim to Information in Respect of Third Parties
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(1) Any person who infringes copyright or any other right protected by this Law in the course of business through the manufacture or distribution of copies may be required by the injured party to give information as to the origin and distribution channels of such copies, without delay, except where disproportionate in the individual case.
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(3) In those cases where infringement is obvious, the obligation to provide information may be imposed by an injunction in compliance with the Code of Civil Procedure.
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(4) Such information may only be used in criminal proceedings or in proceedings under the Law on Administrative Regulatory Offenses against the person required to give information, or against a dependent person under Article 52(1) of the Code of Criminal Procedure, in respect of an act committed before the information was given, with the consent of the person required to give the information.
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(5) Further claims to information shall remain unaffected.
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Claims arising from infringement of copyright or of any other right protected by this Law shall become invalid by prescription three years after the time at which the entitled person gains knowledge of the infringement and of the identity of the infringer or 30 years after the infringement, irrespective of such knowledge. Article 852(2) of the Civil Code shall apply mutatis mutandis. Where the infringer has made gains at the cost of the entitled person by reason of the infringement, he shall remain obliged, even after the claim has expired, to surrender such gain in accordance with the provisions on the surrender of unjustified gain.
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Article 103 Publication of Judgment
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(1) If an action has been brought under this Law, the judgment may authorize the successful party to publish the judgment at the cost of the unsuccessful party, if the successful party can offer a legitimate reason to do so. Unless the court rules otherwise, the judgment may not be published until it becomes final.
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(2) The nature and extent of the publication shall be determined in the judgment. The authority to publish the judgment shall expire if it is not published within six months after it becomes final.
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(3) The party given authority to publish may request that the unsuccessful party be required to defray in advance the cost of publication. This request shall be ruled upon by a competent court of first instance without oral proceedings. Prior to ruling upon the matter, the unsuccessful party shall be heard.
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Article 104 Legal Recourse
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For all litigation concerning the exercise of rights arising from the legal relationships regulated by this Law (copyright litigation), ordinary legal recourse shall be accorded. For copyright litigation arising out of employment or service relationships that concern solely claims to the payment of an agreed compensation, recourse to labor courts and to administrative tribunals shall remain unaffected.
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Article 105 Courts for Copyright Litigation
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(1) The Land Governments shall be empowered to assign by ordinance copyright litigation for which the Regional Courts are competent at first instance or on an appeal on points of fact and law, to one of such Regional Courts for the districts of a number of Regional Courts where this is in the interests of the administration of justice.
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(2) The Land Governments shall further be empowered to assign by ordinance copyright litigation that falls within the competence of the Local Courts to one of such Local Courts for the districts of a number of Local Courts where this is in the interests of the administration of justice.
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2. Criminal Law Provisions
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Article 106 Unauthorized Exploitation of Copyrighted Works
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(1) Any person who, other than in a manner allowed by law and without the right holder’s consent, reproduces, distributes or publicly communicates a work or an adaptation or transformation of a work shall be liable to imprisonment for up to three years or a fine.
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(2) The attempt to commit such an offense shall be punishable.
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Article 107 Unlawful Affixing of Designation of Author
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shall be liable to imprisonment for up to three years or a fine if the offense does not carry a more severe penalty under other provisions.
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(2) The attempt to commit such an offense shall be punishable.
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Article 108 Infringement of Neighboring Rights
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(1) Any person who, other than in a manner allowed by law and without the right holder’s consent:
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2. exploits a posthumous work or an adaptation or transformation of such work contrary to Article 71;
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shall be liable to imprisonment for up to three years or a fine.
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(2) The attempt to commit such an offense shall be punishable.
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Article 108a Unlawful Exploitation on a Commercial Basis
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(2) The attempt to commit such an offense shall be punishable.
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Article 109 Criminal Prosecution
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Article 111 Publication of the Judgment
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3. Measures by the Customs Authorities
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(1) Where the manufacture or distribution of copies infringes copyright or any other right protected by this Law those copies, insofar as the Council Regulation (EEC) No. 3295/94 of December 22, 1994, Laying Down Measures to Prohibit the Release for Free Circulation, Export, Re-Export or Entry for a Suspensive Procedure of Counterfeit and Pirated Goods (OJ EC No. L 341, p.8) is not applicable in its applicable version, shall be subject, at the request of the holder of the rights and against his security, to seizure by the customs authorities, on import or export, in those cases where the infringement is obvious. This provision shall apply in trade with other Member States of the European Economic Community and with other Contracting States of the Convention Concerning the European Economic Area only insofar as controls are carried out by the customs authorities.
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(4) If the person entitled to dispose opposes seizure, the customs authorities shall inform the petitioner thereof without delay. The petitioner shall be required to declare to the customs authorities without delay, whether he maintains the request under paragraph (1) in respect of the seized copies.
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1. If the petitioner withdraws his request, the customs authorities shall lift the seizure without delay.
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(7) Seizure and confiscation may be opposed by the legal remedies allowed by the fixed penalty procedure under the Law on Administrative Regulatory Offenses in respect of seizure and confiscation. The petitioner shall be heard in the review proceedings. An immediate complaint shall lie from the decision of the Local Court; it shall be heard by the Higher Regional Court.
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Enforcement affecting a right protected by this Law shall be subject to the general rules of law in the absence of anything to the contrary in Articles 113 to 119.
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2. Enforcement of Claims for Money Against Authors
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Article 114 Originals of Works
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(1) A claim for money against an author may only be enforced on originals of his works owned by him with his consent. The consent may not be given through a legal representative.
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(2) Consent shall not be required:
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1. where enforcement on the original of a work is necessary for enforcement on an exploitation right in the work;
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2. for enforcement on the original of a work of architecture;
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3. for enforcement on the original of another work of fine art, if the work has been published.
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3. Enforcement of Claims for Money Against Successors in Title of Authors
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Article 116 Originals of Works
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(2) Consent shall not be required:
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2. for enforcement on the original of a work if the work has been published.
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4. Enforcement of Claims for Money Against Authors of Scientific Editions and Against Photographers
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5. Enforcement of Claims for Money on Certain Devices
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(1) Devices intended exclusively for reproduction or broadcasting, such as moulds, plates, engraving stones, blocks, stencils and negatives, shall be subject to enforcement of claims for money only if the creditor is entitled to exploit the work using such devices.
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(2) The same shall apply to devices intended exclusively for presenting a cinematographic work, such as reels of film and the like.
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| Part V
Scope of Application. Transitional and Final Provisions |
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| SECTION I
SCOPE OF THE LAW |
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Article 120 German Nationals and nationals of another Member State of the EU or of another Contracting State of the Convention Concerning the EEA
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(2) The following shall be deemed equal to German nationals:
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2. nationals of another Member State of the European Union or of another Contracting State of the Convention Concerning the European Economic Area.
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Article 121 Foreign Nationals
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(1) Foreign nationals shall enjoy copyright protection with respect to their works published in the territory to which this Law applies, unless the work or a translation of the work has been published outside that territory more than 30 days prior to its publication within that territory. Subject to the same limitation, foreign nationals shall enjoy protection with respect to their works published in the territory to which this Law applies in translation only.
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(2) Works of fine art which are an integral part of real property located in the territory to which this Law applies shall be on an equal footing with works published in that territory for the purposes of paragraph (1).
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(4) Foreign nationals shall further enjoy copyright protection as provided by international treaty. In the absence of such treaty, such works shall be protected by copyright if, according to an announcement by the Federal Minister of justice in the Federal Law Gazette [Bundesgesetzblatt], German nationals enjoy in the State of which the author is a national equivalent protection for their works.
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Article 122 Stateless Persons
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(1) Stateless persons who are habitually resident in the territory to which this Law applies shall enjoy with respect to their works the same copyright protection as German nationals.
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(2) Stateless persons who are not habitually resident in the territory to which this Law applies shall enjoy with respect to their works the same copyright protection as the nationals of the foreign State in which they are habitually resident.
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Article 123 Foreign Refugees
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Article 124 Scientific Editions and Photographs
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Article 125 Protection of Performers
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(2) Foreign nationals shall enjoy protection with respect to all of their performances that take place in the territory to which this Law applies unless otherwise stipulated in paragraphs (3) and (4).
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Article 126 Protection of Producers of Audio Recordings
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(2) Foreign nationals or foreign enterprises which do not have their headquarters in the territory to which this Law applies shall enjoy protection for their audio recordings published in that territory unless the recording was published outside the territory to which this Law applies more than 30 days before it was published in that territory. Protection shall however expire at the latest on expiry of the term of protection in the state whose nationality the producer of the audio recording possesses or in which the enterprise has its headquarters, without exceeding the term of protection under Article 85(2).
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Article 127 Protection of Broadcasting Organizations
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(2) Broadcasting organizations which do not have their headquarters in the territory to which this Law applies shall enjoy protection for all of their broadcasts which are broadcast from that territory. Protection shall expire at the latest on expiry of the term of protection in the state in which the broadcasting organization has its headquarters, without exceeding the term of protection under Article 87(2).
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Article 127a Protection of the Maker of a Database
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1. their central administration or principal place of business is located in the territory of one of the states listed in Article 120 (2) item 2; or
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2. their headquarters, as defined by the articles of association, is located in one of these states and their activities have a de facto connection with the German economy or with the economy of one of these states.
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(3) in the remaining cases, foreign nationals and legal persons shall enjoy the protection afforded by the provisions of international agreements and the protection of agreements entered into between the European Community and third states; these agreements shall be published by the Federal Ministry of Justice in the Federal Law Gazette [Bundesgesetzblatt].
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Article 128 Protection of Film Producers
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| SECTION II
TRANSITIONAL PROVISIONS |
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(1) The provisions of this Law shall also apply to works created prior to its entry into force, unless such works were not at that time protected by copyright or unless some provision to the contrary is contained in this Law. This shall also apply mutatis mutandis to neighboring rights.
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(2) The duration of copyright for works which have been published after the expiration of 50 years from the author’s death, but prior to the entry into force of this Law shall be determined in accordance with previously existing legal provisions.
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The rights of an author of a translation which was lawfully published prior to January 1, 1902, without the consent of the author of the work translated shall remain unaffected.
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Article 131 Works of Language Set to Music
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(2) Dispositions taken prior to the entry into force of this Law shall remain effective.
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Article 135 Owners of Neighbouring Rights
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Any person who, at the time of entry into force of this Law is considered the author of a photograph or of the recording of a work on devices for audible mechanical reproduction, under the earlier provisions, shall be the owner of the corresponding neighboring rights afforded by this Law.
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Article 135a Calculation of the Term of Protection
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Where the term of protection is shortened by the application of this Law to a right which came into being prior to the entry into force of this Law, and where the event which under this Law determines the beginning of the term of protection occurred prior to the entry into force of this Law, such term shall be calculated as from the entry into force of this Law. However, protection shall lapse not later than on expiration of the duration of protection under the earlier provisions.
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Article 136 Reproduction and Distribution
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(1) Where reproduction is permissible under the earlier provisions, but prohibited under this Law, any making of copies of such reproduction commenced prior to the entry into force of this Law may be completed.
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Article 137 Transfer of Rights
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(4) The claim to remuneration shall fall away if, as soon as it is asserted, the transferee places the right at the disposal of the transferor or for the time following expiry of the hitherto stipulated duration of protection or the person receiving authorization waives such authorization for that period of time. If the transferee has further alienated the copyright prior to the entry into force of this Law, the remuneration shall not be payable if it would constitute an undue burden on the transferee in view of the circumstances of the further alienation.
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Article 137a Photographic Works
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(1) The provisions of this Law as regards the term of copyright shall also apply to those photographic works whose term of protection under prior law has not yet expired on July 1, 1985.
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(2) Where a right of exploitation in a photographic work has been granted or transferred to another person; such grant or transfer shall not extend, in case of doubt, to the period of time by which the term of copyright in photographic works has been extended.
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Article 137b Certain Editions
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(2) Where any right of exploitation in a scientific edition or a posthumous edition has been granted or transferred to another person prior to July 1, 1990, the grant or transfer shall also extend, in case of doubt, for the period of time by which the term of the neighboring right has been extended.
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(2) Where a right of exploitation in the performance has been granted or transferred to another person prior to July 1, 1990, the grant or transfer shall also extend, in case of doubt, to the period of time by which the term of protection has been extended.
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Article 137d Computer Programs
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Article 137e Transitional provision in implementation of Directive 92/100/EEC
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(1) The provisions of this Law entering into force on June 30, 1995 shall also apply to previously created works, performances, audio recordings, broadcasts and films, unless they are no longer protected at this time.
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(3) If a video or audio recording which prior to June 30, 1995 was acquired or made available to a third party for the purposes of rental was rented between July 1, 1994 and June 30, 1995, this rental shall be subject to a remuneration right, whereby paragraph (2), second sentence, shall apply mutatis mutandis.
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(4) If an author has granted an exclusive distribution right prior to June 30, 1995, the grant shall also apply to the rental right. If a performer has participated prior to this date in the production of a cinematographic work, or consented to the use of his performance for the production of a cinematographic work, his exclusive rights shall be deemed to have been transferred to the film producer. If prior to this date he has consented to the fixation of his performance on a audio recording and to reproduction, consent shall also be deemed to constitute transfer of the distribution right, including rental.
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Article 137f Transitional provision in implementation of Directive 93/98/EEC
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(1) If by application of this Law in the version applicable from July 1, 1995 the duration of a previously accrued right were to be reduced, protection shall expire on expiry of the term of protection pursuant to the provisions applicable prior to June 30, 1995. Furthermore, the provisions of this Law regarding the term of protection in the version applicable from July 1, 1995 shall also apply to works and related rights with regard to which protection did not yet expire on July 1, 1995.
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(4) If prior to July 1, 1995 an exploitation right concerning the subject-matter of a neighboring right remains protected under this Law has been granted or transferred to another, in cases of doubt the grant or transfer shall also cover the period by which the term of protection has been extended. In the case of the first sentence, equitable remuneration shall be afforded.
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Article 137g Transitional provision in implementation of Directive 96/9/EC
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| SECTION III
FINAL PROVISIONS |
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Article 138 Register of Authors
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(2)If entry is refused, the applicant may petition for a decision by the courts. The petition shall be heard by the Higher Regional Court having jurisdiction for the district in which the Patent Office has its headquarters and which shall give a reasoned decision. The petition shall be made in writing to the Higher Regional Court. The decision of the Higher Regional Court shall be final. In other respects, court proceedings shall be governed by the provisions of the Law on Non-Contentious Matters. The court costs shall be governed by the Regulations on Costs; the fees shall be determined by Article 131 of the Regulations on Costs.
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(3) The entries shall be published in the Federal Gazette [Bundesanzeiger]. The cost of publication shall be paid in advance by the applicant.
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(4) Any person may inspect the Register of Authors. Extracts from the Register shall be issued on request; when required, they shall be certified.
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(5) The Federal Minister of Justice shall be empowered to issue ordinances
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1. regulating the form of the application and the maintenance of the Register of Authors;
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2. ordering the imposition of charges (fees and expenses) to cover administrative costs relating to the entry, the issuing of a certificate of entry and the issuing of other extracts of their certification, and regulating matters concerning the party liable for costs, the time at which charges are due, the obligation of payment in advance, exemption from charges, limitation, the procedure for the fixing of charges, and legal remedies against the fixing of charges. The fee for an entry shall not exceed 30 German marks.
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(6) Entries made with the Leipzig City Council under Article 56 of the Law on Copyright in Works of Literature and Music of June 19, 1901, shall remain effective.
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Article 139-141 Amending and Repeating Provisions (irrelevant)
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Article 142 Application in Land Berlin (irrelevant)
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Article 143 Entry Into Force
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(2) All other provisions of this Law shall enter into force on January 1, 1966.
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| ANNEX (to Article 54d(1) of the Copyright Law) |
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The remuneration due to all owners of rights shall be
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1. | for each audio recording appliance |
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2. | for each video recording appliance with or without audio recording |
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3. | in respect of audio recording mediums, for each hour of playing time in normal utilization |
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4. | in respect of video recording mediums, for each hour of playing time in normal utilization |
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5. | for each audio and video recording appliance for whose operation separate mediums are not required (items 3 and 4), twice the remuneration rates under items 1 and 2 | |
1. | Remuneration due to all owners of rights under | |
| Article 54a(1) shall be, for each | |
| reproduction appliance with a capacity of | |
| from 2 to 12 copies a minute |
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| from 13 to 35 copies a minute |
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| from 36 to 70 copies a minute |
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| more than 70 copies a minute |
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(a) for photocopies made exclusively from books
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approved by a provincial authority as school books
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and intended for school use
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(b) for all other photocopies
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3. | For reproduction appliances with which polychrome photocopies can be made and for polychrome photocopies, the rate of remuneration shall be double. |
4. | These rates of remuneration shall be applied mutatis mutandis to other reproduction processes having a comparable effect. |
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