Copyright
Copyright and Publishing Law
Copyright refers to the right to creative design. Unlike patents or designs, registration in a registry is not a prerequisite for copyright protection. Rather, it is sufficient that the author has created a “work” that has a sufficient so-called level of creativity. The essential basis for assessment is the German Act on Copyright and Related Rights (UrhG).
The functional design of utility objects was generally not subject to the protection of the UrhG. For this, the Design Law provided for registration in the Design Register at the DPMA (Jena), European Union Intellectual Property Office in Alicante (EUIPO) or WIPO in Geneva as a prerequisite for protection.
Recently, the Federal Court of Justice has questioned these principles in a decision. According to this, there should be a coexistence of copyright and design law. Some authors believe that there is now copyright for the so-called “small change”, i.e., very low-threshold levels of intervention, even for industrial design. The further development, especially the implementation by the regional courts and higher regional courts remains to be seen.
Copyright in Transition
Copyright law is currently undergoing a significant change. We are on the way to an information society. The protection of copyrights on the internet and legal prosecution of infringements by third parties bring considerable legal problems. This involves the question of registering protective rights, especially design protection, (protecting, i.e., registering, as well as defending), warnings or injunctive relief.
Without the advice of a specialized lawyer, one often cannot proceed. Common sense often leads to error.
Also regarding the question of appropriate remuneration for the use of new works, a new statutory regulation has recently come into force.
Legal problems also arise with regard to works not originally intended for digital use.
In several areas, the legislator has significantly modified the legal situation, particularly in implementing EC directives, especially in recent times. The so-called “Second Basket” of implementation of EC directives into national German law has now become law, and there is already talk of a “third basket”, about which discussions are in full swing between the federal government and involved associations and interest groups. Therefore, no calm on the legislative front is foreseeable.
It is all the more important to be legally informed in this situation. Especially publishers and authors, but also users should be well informed about the current legal status. We are happy to support you, especially through
- Preliminary consultation
- Seminars/workshops
- Contract design, especially between publishers or advertising agencies and authors
- Examination and settlement of infringement disputes
It has often proven beneficial to train the “creatives” regarding the possibilities and limits of protection of potentially copyright-relevant new creations and works. Therefore, we train especially advertising agencies and designers. Practice-oriented in-house training with a workshop character, specifically tailored to the company, has proven successful.