70 Questions
What does 'right of making works available to the public' refer to?
The right to make the work available to the public by wire or wireless means so that the public can access the work at a place and time of their personal choice
What is the limitation of the right of distribution?
The right of distribution is limited by the principle of exhaustion
What does 'exhaustion of rights' refer to in Section 17 of the German Copyright Act?
The exhaustion of the author's right of distribution of the original or a copy of his work
What is the scope of 'right of making works available to the public'?
The right to make the work available to the public, either by wire or wireless means, in such a manner that members of the public may access it from a place and at a time individually chosen by them
Which provision of the German Copyright Act does not include an exhaustion of rights provision for data distribution?
Section 19a
What often limits or controls the distribution and re-sale of digital works?
Specific license agreements
Which directive provides exclusive communication and making available rights to certain entities?
Directive 2001/29/EC
Which CJEU case established the exhaustion principle for software purchased through download?
Used Soft
According to CJEU case law, what did the case Tom Kabinet determine regarding eBooks purchased through download?
The right of making available to the public is not exhausted
What does Section 23 of the German Copyright Act regulate?
Editing rights and transformations of a work
In terms of exhaustion and resale rights, what distinction exists between the software component and video/audio components in products like computer games?
There is a distinction
Under which sections of the German Copyright Act are the rights of communication to the public and adaptations regulated?
Sections 23 and 3
What does the exhaustion principle apply to?
Software and data works
What does the exhaustion principle not apply to, restricting their resale?
E-books and music downloaded from the Internet
What case established that the right of making available to the public is not exhausted for eBooks purchased through download?
Tom Kabinet
What is exempted from the exhaustion principle according to the German Copyright Act?
Internet downloads and rentals
What does the 'right of making works available to the public' refer to?
The right to make the work available to the public by wire or wireless means so that the public can access the work at a place and time of their personal choice.
Under which sections of the German Copyright Act are the rights of communication to the public and adaptations regulated?
Section 19a and Section 17
What is exempted from the exhaustion principle according to the German Copyright Act?
Rental of original or copies of the work
What is the limitation of the right of distribution?
The right of distribution is limited by the principle of exhaustion.
What did the UsedSoft case establish regarding the exhaustion principle for software purchased through download?
The distribution right is exhausted
What did the Tom Kabinet case rule regarding the exhaustion of rights for eBooks purchased through download?
The right of making available to the public is not exhausted
In the context of the German Copyright Act, what is the distinction in exhaustion principle application between software and eBooks based on?
Their economic and functional characteristics
Under which directive do digital distribution of eBooks fall within the scope?
InfoSoc Directive
What does Section 23 of the German Copyright Act address?
Adaptations and transformations of works
What did the CJEU case C-128/11 (UsedSoft) address?
Exhaustion of rights for software purchased through download
What is the limitation that often subjects digital works to restrictions and controls?
License agreements, terms of service, and DRM technologies
What does Directive 2001/29/EC provide authors with exclusive rights for?
Communication to the public
What does the exhaustion doctrine not apply to?
Software made available through Internet download
According to the German Copyright Act, what is exempt from the exhaustion principle?
Digital data distribution
What creates complexities in the resale of products containing both software and digital content?
Different rules for software and making other items available to the public
What is crucial in the context of adaptations and transformations of works according to the German Copyright Act?
Editor's copyright
What does an editor's copyright refer to in the German Copyright Act?
The copyright of the independently created part of the work by the editor
What is the main distinction between editorial rights and editor's copyright?
Editorial rights relate to making changes and edits, while editor's copyright refers to copyright of original content created by the editor
In which situation is permission required for adaptation or transformation according to Section 23 (2) of the German Copyright Act?
Translating a work into another language
Under what circumstance does Section 23 (3) of the German Copyright Act provide an exception to the editor's right for adaptations or transformations?
Adaptations made solely for technical reasons, such as formatting or layout adjustments
What is the purpose of the exception recognized in Section 23 (3) of the German Copyright Act?
To acknowledge changes made by the editor for technical or functional purposes
What does the original author determine regarding the publication or exploitation of a work in a modified form?
Whether and how a work may be published or exploited in a modified form
What does the first exception to the need for permission for adaptations or transformations in the German Copyright Act allow?
The creation of a new work that remains sufficiently distinct from the original work
What does the German Copyright Act require for the production of adaptations or transformations, even if they are sufficiently distinct from the original work?
Consent
What is the purpose of Section 23 (3) of the German Copyright Act?
To provide an exception to the editor's right for adaptations or transformations made solely for technical reasons
Under what circumstance may the provisions of Section 23 (3) not apply to an editor's changes to a work?
If the changes involve creative input or original expression
What is the main reason for the limitations to copyright protection according to the text?
Legitimate interests of the public
According to the text, why is copyright only protected to a limited extent from the outset?
To balance the legitimate interests of the public
What did the later implementations of the law clarify about copyright protection?
It is not about what you are allowed to do
What is the significance of the non-exhaustive section 2, subsection 2, according to the text?
It emphasizes the limitations to copyright protection
What is the duration of copyright protection in Germany after the author's death?
70 years
How does co-authorship affect the duration of copyright protection in Germany?
It extends the 70-year period to the date of the longer living author's death
What does the 'Three-step-test' under Art. 5 (1) InfoSoc-D ensure?
Application of limitations in specific cases
Which type of speeches relating to current affairs are allowed free reproduction, distribution, and making available to the public under the German Copyright Act?
Speeches given at public meetings or on the radio
What does European copyright limitations harmonize fully under?
Art. 3-6 DSM-D
What is the main principle on which copyright limitations in Germany are based?
Principle of enumeration
What is the main purpose of the 'Three-step-test' under Art. 5 (1) InfoSoc-D?
To apply limitations only in specific cases
What does the German Copyright Act promote through copyright exceptions?
Knowledge dissemination
What is the duration of copyright protection in Germany after the author's death if there are co-authors?
Extended to the date of the longer living author's death
What is the main purpose of the 'Three-step-test' under Art. 5 (1) InfoSoc-D?
To apply limitations only in specific cases
What does the 'Three-step-test' under Art. 5 (1) InfoSoc-D aim to prevent?
Unreasonable prejudice to the legitimate interests of the rights holder
What is the main principle on which copyright limitations in Germany are based?
Principle of enumeration
Under the German Copyright Act, which section provides freedom of citation with a broad scope of application?
Section 51
According to the German Copyright Act, under which section are legal heirs granted the same rights as the original author?
Section 28 (1)
Which section of the German Copyright Act permits reproduction for private and personal use without obtaining permission from the copyright holder?
Section 53
In the context of the German Copyright Act, which section addresses reproduction by broadcasting organizations?
Section 55
According to the German Copyright Act, what is the restriction under Section 29 regarding the transfer of copyright during the author's survival?
The author can fully transfer the copyright
Which CJEU case involving Spiegel Online and VG Wort emphasized the requirement for clear and precise information in copyright infringement disputes?
C-516/7
Under the German Copyright Act, which section implements special copyright restrictions for caricature, parody, and pastiche?
Section 51a
Which section of the German Copyright Act allows the reproduction and distribution of newspaper articles and broadcast commentaries without prior permission from the copyright holder for specific cases?
Section 49
Under the German Copyright Act, what does Section 51 require in relation to freedom of citation?
Limitation of the extent of quotation
Which section of the German Copyright Act permits image and sound coverage of events relating to current events in connection with reporting of daily events?
Section 50
According to the German Copyright Act, who inherits the copyright from the original author?
Legal heirs and those appointed in a will
Which section of the German Copyright Act specifies that copyrights are inheritable?
Section 28 (1)
Study Notes
Distribution Rights and Exhaustion Principle in German Copyright Law
- The author loses the right of distribution of the original or copy of the work when it is legally available to third parties.
- Section 19a of the German Copyright Act does not contain an exhaustion of rights provision for data distribution.
- Distribution and re-sale of digital works are often limited or controlled by specific license agreements, terms of service, or DRM technologies.
- The exhaustion doctrine applies to software and data works, with exceptions for Internet downloads and rentals.
- Directive 2001/29/EC provides exclusive communication and making available rights to authors, performers, phonogram producers, and broadcasting organizations.
- The CJEU case Used Soft established the exhaustion principle for software purchased through download.
- However, the CJEU case Tom Kabinet determined that the right of making available to the public is not exhausted for eBooks purchased through download.
- The exhaustion principle applies to the distribution right of software but not to the right of making available to the public for eBooks.
- The exhaustion principle does not apply to e-books and music downloaded from the Internet, restricting their resale.
- Section 23 of the German Copyright Act outlines editing rights and transformations of a work, requiring the author's consent for adaptations.
- There is a distinction between the software component and video/audio components in products like computer games in terms of exhaustion and resale rights.
- The rights of communication to the public and adaptations are regulated under Sections 23 and 3 of the German Copyright Act, respectively.
Editor's Rights and Copyright in the German Copyright Act
- The right to edit refers to an editor's right to make modifications to a work, including adaptations, deletions, and additions, typically associated with a publishing contract.
- An editor's copyright refers to the copyright of the independently created part of the work by the editor in the exercise of editorial powers.
- Editorial rights and editor's copyright are two distinct concepts, with the former relating to the right to make changes and edits to a work, and the latter referring to copyright of original content created by the editor.
- The original author determines whether and how a work may be published or exploited in a modified form, and legal requirements include the approval or consent of the original author.
- The German Copyright Act provides exceptions to the need for permission for adaptations or transformations, with the first exception allowing the creation of a new work that remains sufficiently distinct from the original work.
- Another exception requires consent for the production of adaptations or transformations, even if they are sufficiently distant from the original work.
- Section 23 (2) of the German Copyright Act specifically lists four situations in which permission is required for adaptation or transformation, including translating a work into another language or creating a derivative work based on the original work.
- Section 23 (3) provides an exception to the editor's right for adaptations or transformations made solely for technical reasons, such as formatting or layout adjustments.
- If an editor makes changes to a work for technical reasons, the provisions of Section 23 (3) may apply, and the editor's copyright under Section 3 of the German Copyright Act may not apply.
- This exception recognizes that certain changes made by the editor may not involve creative input or original expression, but are made for technical or functional purposes.
German Copyright Act: Key Limitations and Rights
- Section 49 of the German Copyright Act allows the reproduction and distribution of newspaper articles and broadcast commentaries without prior permission from the copyright holder for specific cases.
- Section 50 of the German Copyright Act permits image and sound coverage of events relating to current events in connection with reporting of daily events.
- Section 51 of the German Copyright Act provides freedom of citation with a broad scope of application and requires the limitation of the extent of quotation.
- The CJEU case C-516/7 involving Spiegel Online and VG Wort highlighted the requirement for clear and precise information in copyright infringement disputes.
- Under the limitations of copyright law, the extent of quotation must remain limited, and there must be an inner connection between one's work and the third-party work.
- Section 51a of the German Copyright Act implements special copyright restrictions for caricature, parody, and pastiche, allowing for non-commercial production, publication, and dissemination without prior authorization from the copyright holder.
- Section 53 of the German Copyright Act permits reproduction for private and personal use without obtaining permission from the copyright holder, limited to consumption within the private sphere and not for profit-making purposes.
- Section 55, 56, and 59 of the German Copyright Act address reproduction by broadcasting organizations, reproduction and communication to the public in commercial enterprises, and works located permanently in public places, respectively.
- Section 28 (1) of the German Copyright Act specifies that copyrights are inheritable, passing on to legal heirs or those appointed in a will, who have the same rights as the original author.
- Legal heirs inherit the copyright from the original author and have the same rights and interests, including the right to reproduce, distribute, display, perform, and broadcast the work.
- Copyright is not transferable during the author's survival, as per Section 29 of the German Copyright Act, meaning the author cannot fully transfer or assign the copyright to another person during their survival.
Test your knowledge of distribution rights and the exhaustion principle in German copyright law with this quiz. Explore topics such as digital works, software, eBooks, music, and the implications of specific CJEU cases.
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