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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 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?
- The creator remains the author (correct)
- The creator loses all rights to the work
- The person for whom the work is created becomes the author
- The contractual agreement is nullified
According to Sec 13 p. 1 GCA9, what happens if the creator appears to outsiders 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?
- The client becomes the author
- The creator loses authorship rights
- The work becomes public domain
- The creator remains the author (correct)
What does Sec 10 (1) GCA10 state regarding the designation of the author on copies of a released work?
What does Sec 10 (1) GCA10 state regarding the designation of the author on copies of a released work?
- The client becomes the author by default
- The publisher is automatically considered the author
- The designated person is regarded as the author in the absence of proof to the contrary (correct)
- The work is considered public domain
According to Sec 10 (2) p. 1, 2 GCA11, who is subsidiarily presumed to be the author of a work?
According to Sec 10 (2) p. 1, 2 GCA11, who is subsidiarily presumed to be the author of a work?
What is the right of communication to the public?
What is the right of communication to the public?
What is the principle known as the Exhaustion Doctrine?
What is the principle known as the Exhaustion Doctrine?
What does the author's right to be identified as the author of the work include?
What does the author's right to be identified as the author of the work include?
What does the author's right to prohibit distortion of his or her work include?
What does the author's right to prohibit distortion of his or her work include?
What is the exclusive right of the author to exploit his or her work in material form?
What is the exclusive right of the author to exploit his or her work in material form?
What is the exclusive right of the author to communicate his or her work to the public in non-material form?
What is the exclusive right of the author to communicate his or her work to the public in non-material form?
What does the exploitation right of the author include?
What does the exploitation right of the author include?
What rights are only assigned to the author of the work and cannot be transferred to anybody else?
What rights are only assigned to the author of the work and cannot be transferred to anybody else?
What is the principle of exhaustion of rights based on?
What is the principle of exhaustion of rights based on?
What is the right to disseminate to the public an example of?
What is the right to disseminate to the public an example of?
What is the right of making the work available to the public an example of?
What is the right of making the work available to the public an example of?
What is the right of distribution an example of?
What is the right of distribution an example of?
What does joint authorship refer to according to the German Copyright Act?
What does joint authorship refer to according to the German Copyright Act?
What do moral rights protect according to the German Copyright Act?
What do moral rights protect according to the German Copyright Act?
When do moral rights expire according to the German Copyright Act?
When do moral rights expire according to the German Copyright Act?
What does the right of publication allow authors to do according to the German Copyright Act?
What does the right of publication allow authors to do according to the German Copyright Act?
What is the primary focus of copyright in Germany according to the text?
What is the primary focus of copyright in Germany according to the text?
What rights are considered negative according to the German Copyright Act?
What rights are considered negative according to the German Copyright Act?
What does the Act ensure according to the German Copyright Law?
What does the Act ensure according to the German Copyright Law?
What is the duration of moral rights protection according to the German Copyright Act?
What is the duration of moral rights protection according to the German Copyright Act?
What is the primary purpose of joint authorship according to the German Copyright Act?
What is the primary purpose of joint authorship according to the German Copyright Act?
What rights do co-authors have according to the German Copyright Act?
What rights do co-authors have according to the German Copyright Act?
What do personality rights refer to according to the German Copyright Act?
What do personality rights refer to according to the German Copyright Act?
What do moral rights protect according to the German Copyright Act?
What do moral rights protect according to the German Copyright Act?
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.
