Law firm BUSE HERZ GRUNST advices clients on all questions of Copyright law. We assist in the enforcement and defense of copyright claims, contracts in copyright matters and represent clients in all stages of the proceedings.
This is the Copyright law
The importance of copyrigh is increasing rapidly in recent years and decades, especially in the light of progressive development of digital media and its becoming ubiquitous in today’s world.
The copyright in the Federal Republic of Germany protects primarly the rights of the author or the creator of the work.
Such works are stated in the Article 1 of the Copyright Act, and they are works of literature, schience, and art. Specifically:
- Literaly works, such as written works, speeches and computer programs
- Musical works, Pantomimic works, including works of dance
- Artistic works, including works of architecture and of applied art and drafts of such works,
- Photographic works, including works produced by processes similar to photography,
- Cinematographic works, including works produced by processes similar to cinematography,
- Illustrations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and three-dimensional representations
The author is the creator of the work under the § 7 UrhG. According to the article, the author can be only a natural person. That means, the legal persons, such as GmbH or AG are not able to be authors in the sence of the Copyright Act.
The reason behind that is the “principle of creativity”. This means that only those who develop their own or prescribed tasks can be concidered as creators.
The author is protected in his personal and spiritual relationship to the work under § 11 UrhG. The moral rights of the author is the reflection of the protected personality of the author itself.
The moral rights of authors include:
- right of publication under § 12 UrhG,
- recognition of autorship under § 13 UrhG,
- Distortion of the work under § 14 UrhG.
The exploitation rights include:
- Right of reproduction under § 16 UrhG,
- Right of distribution under § 17 UrhG,
- Right of exhibition under § 18 UrhG.
Finally, the author may also allow another an economic use of his work. This right is called exploitation right.
Our legal services in the field of Copyright law
Copyright is of particular importance for the following rights related topics, in which we advice:
- Legal representation in the File-Sharing proceedings
- Preparation and publishing of works under the Copyright Act
- The use and licensing of (external) works under the Copyright Act
- Contract drafting under the copyright law
- The defence against infringement of copyrights
- The defence against notifications arising from the copyright law
Law Firm BUSE HERZ GRUNST advices clients on all question of copyright law
The field of copyright law is supervised by our legal expert Norman Buse.