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Questions and Answers
According to Sec 43 GCA8 3.3, what happens if a creator writes a work for another person in accordance with the contractual agreement without appearing as the creator of the work?
According to Sec 13 p. 1 GCA9, what happens if the creator appears to outsiders as the creator of the work?
What does Sec 10 (1) GCA10 state regarding the designation of the author on copies of a released work?
According to Sec 10 (2) p. 1, 2 GCA11, who is subsidiarily presumed to be the author of a work?
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What is the right of communication to the public?
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What is the principle known as the Exhaustion Doctrine?
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What does the author's right to be identified as the author of the work include?
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What does the author's right to prohibit distortion of his or her work include?
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What is the exclusive right of the author to exploit his or her work in material form?
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What is the exclusive right of the author to communicate his or her work to the public in non-material form?
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What does the exploitation right of the author include?
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What rights are only assigned to the author of the work and cannot be transferred to anybody else?
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What is the principle of exhaustion of rights based on?
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What is the right to disseminate to the public an example of?
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What is the right of making the work available to the public an example of?
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What is the right of distribution an example of?
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What does joint authorship refer to according to the German Copyright Act?
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What do moral rights protect according to the German Copyright Act?
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When do moral rights expire according to the German Copyright Act?
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What does the right of publication allow authors to do according to the German Copyright Act?
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What is the primary focus of copyright in Germany according to the text?
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What rights are considered negative according to the German Copyright Act?
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What does the Act ensure according to the German Copyright Law?
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What is the duration of moral rights protection according to the German Copyright Act?
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What is the primary purpose of joint authorship according to the German Copyright Act?
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What rights do co-authors have according to the German Copyright Act?
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What do personality rights refer to according to the German Copyright Act?
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What do moral rights protect according to the German Copyright Act?
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Study Notes
German Copyright Law and Co-Authorship
- The German Copyright Act (GCA) applies to works created as part of an employment or service relationship, unless stated otherwise.
- Authors have the right to be identified as the creators of their work, and the person designated as the author on copies is presumed to be the author.
- Joint authorship occurs when authors' shares cannot be economically exploited separately, leading to a single copyright for the work.
- Co-authors have legal rights to jointly exercise commercial rights, while moral rights protect the author's personal relationship to the work.
- Copyright in Germany encompasses both moral rights and exploitation rights, with no one being more important than the other.
- Moral rights, recognized in Germany since 1912 and codified in the GCA in 1965, protect the intellectual bond between authors and their work.
- The moral right expires 70 years after the author's death, and authors have the right to determine the publication and recognition of their work.
- The right of publication allows authors to determine whether and how their work is to be published.
- The right of recognition of authorship enables authors to be identified as the creators of their work and to determine the designation of authorship.
- These rights are negative, allowing authors to prevent unwanted publication and defend against false attribution.
- The GCA provides for joint authorship and the exercise of commercial rights while safeguarding authors' moral rights and their relationship with their work.
- The Act also ensures equitable remuneration for the use of the work, and personality rights are considered a fundamental right, distinct from transferable exploitation rights.
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Description
Test your knowledge of German copyright law and co-authorship with this quiz. Explore the rights of authors, joint authorship, moral rights, and the legal framework for copyright in Germany.
