German Copyright Law PDF

7. Related Rights (neigboring right) 7.1 General principles Related (performance) rights stand as independent rights alongside copyrights legislator considers specific performances, that are not protected by copyright, as worthy to protect But: Performance is always related to a copyright-protected...

7. Related Rights (neigboring right) 7.1 General principles Related (performance) rights stand as independent rights alongside copyrights legislator considers specific performances, that are not protected by copyright, as worthy to protect But: Performance is always related to a copyright-protected work Aim: Recognition of a special performance, the exploitation/financial risk (Related (performance's) rights are separate rights, like copyright Lawmakers consider specific performances not protected by copyright to be worthy of protection But: performances are always related to copyrighted works Purpose: to recognize special performances, involving exploitation of rights, financial risks, etc.) For example:copyrights vs. Related rights ——copyright: composer, screenwriter or lyricist ——related right: pop musician, film actress, cabaret artist Related rights exist only insofar as they are explicitly provided for by the legislator in Sec 70 et seqq GCA (Section 70 et seq. of the German Copyright Act specifies the scope and content of related rights. These related rights generally apply to performers, producers, broadcasters and other persons or institutions associated with the creation of a work. Specific related rights include the right to perform, the right to make phonograms, and the right to broadcast. These rights give the holder of the related rights a specific interest in the use and exploitation of the creative work. However, it is important to note that related rights only exist if they are expressly provided for in German copyright law. This means that the relevant rights do not apply automatically unless the scope and conditions of the relevant rights are explicitly provided for by the legislator) 7.2 Single related rights A.Protection of performers/practicing artists, Sec 73 et seqq GCA 保护表演者 Performer = person who performs, sings, acts or in another manner presents a work or an expression of popular art or who participates artistically in such a presentation. Protection of performer includes: (protection of performers) - Moral rights, Sec 74, 75 GCA (recognition as a performer, derogatory treatment of performance) According to Section 74 of the German Copyright Act, authors have the following moral rights: The right of attribution: The author has the right to decide whether or not to attribute his work and the form of attribution. Right of Publication: The author has the right to decide whether or not to publish the 61 work publicly. The right to revision: the author has the right to decide whether or not to revise or change the work. The right to protection: the author has the right to oppose any misrepresentation or misrepresentation of the work or any behavior that negatively affects the author's reputation. - Exploitation rights, Sec 77 et seqq GCA (remuneration, utilization) It is mainly regulated in Section 77 et seq. of the German Copyright Act. According to German copyright law, exploitation rights include the following: Reproduction, distribution, rental, publication, display, performance, broadcasting, etc. for the purpose of economic benefit. Exploitation of the work for broadcasting or other transmission. Exploitation of the work for information network transmission, e.g. via the Internet or other digital communication networks. B. Protection of business performances (not EU-harmonized) (protection of Commercial Performances) ① Protection of organizers, Sec 81 et seqq GCA Organizer bears high production costs Performance = live presentation of a copyright protected work that is capable to be protected as a related right for the performer (Sec 73 et seqq GCA) Organizers are individuals, companies or institutions that organize and arrange specific events or performances. They may be exposed to unauthorized use of audio, video, photographic or other means of unauthorized recording, video recording, photography or other means of unauthorized exploitation when organizing and undertaking the event in question. ② Protection of producers of audio recordings, Sec 85, 86 GCA Exclusive right to reproduce, distribute and to make available to the public that audio recording Requirement to protect, because the producer delivers an organizational-technical performance 【Explanation】Protection of producers of audio recordings, Sec 85, 86 GCA Under the German Copyright Act (GCA), producers of audio recordings are granted specific protection measures, as outlined in Sections 85 and 86. Producers of audio recordings refer to individuals, companies, or organizations involved in the production, reproduction, or creation of audio recordings. They invest 62 labor, time, and resources in creating audio recordings and seek adequate protection and recognition for their efforts. According to Sections 85 and 86 of the GCA, producers of audio recordings enjoy the following protections: Exclusive rights: Unauthorized reproduction, distribution, rental, publication, or any other form of utilization of audio recordings is prohibited without the permission of the producer. Fair remuneration: The GCA stipulates that those who utilize audio recordings without permission must provide fair compensation to the producer. This is intended to compensate the producer for their efforts and costs in creating the audio recording. Protective measures: Producers of audio recordings have the right to request the implementation of appropriate technical measures to prevent unauthorized copying, dissemination, or any other form of infringement. These protection measures aim to ensure that producers of audio recordings can safeguard and control their works' interests. They help prevent unauthorized use and ensure producers receive fair economic compensation. ③ Protection of broadcasting organizations, Sec 87 GCA Exclusive right to rebroadcast and to make available to the public, make video or audio recordings of their broadcast, take photos of their broadcast (…) Broadcast = show of sounds and/or pictures by means of radioelectric waves in order to have these received by the public Right expires 50 years after the first broadcast, Sec 87 (3) GCA According to the German Copyright Act (GCA), broadcasting organizations enjoy specific protective measures, which are set out in section 87. Broadcasting organizations are entities that transmit broadcasts by radio, television or other means of communication. These organizations invest resources, time and effort in the production and transmission of broadcasts and therefore need appropriate protection for their contributions. Section 87 of the German Copyright Act provides the following protection for broadcasting organizations: Exclusive rights: Unauthorized reproduction, distribution or communication of broadcasts to the public without the permission of the broadcasting organization is prohibited. This includes audio and visual content of broadcasts. Retransmission rights: Broadcasting organizations have the exclusive right to authorize or prohibit the retransmission of their broadcasts by wire or other means of communication. Defensive Measures: The broadcasting organization has the right to take appropriate measures to prevent unauthorized circumvention of any technical protection measures it implements to protect broadcast content. These protective measures are intended to ensure that the broadcasting organization is able to exercise control over the use and dissemination of its broadcasts and to obtain fair compensation for such use and dissemination. 63 ④ Protection of cinematographic work producers, Sec 88 et seqq GCA Producer of the cinematographic work must be permitted a license by the original author to make a film of his/her work Here: only derived authorization of the film producer, Sec 81 (1) GCS Exclusive right to reproduce, distribute, use for public presentation, broadcasting or making available to the public the video recording or combined video and audio recording, Sec 94 (1) GCA (Exclusive rights to video recordings or recordings of video in combination with audio, including the right to reproduce, distribute, publicly present, broadcast or make available to the public, in accordance with Section 94 (1) of the German Copyright Act (GCA).) (Under the German Copyright Act (GCA), filmmakers enjoy specific protective measures, which are set out in sections 88 et seq. Filmmakers are individuals, companies or organizations involved in the production and distribution of films or audiovisual works. They invest considerable resources, capital and effort in the creation and promotion of cinematographic works. Section 88 and its successors of the German Copyright Act provide the following protection for film producers: Exclusive right: Producers have the exclusive right to reproduce, distribute, communicate to the public and make available to the public their cinematographic works. This includes the movie itself as well as any audio recordings of Attached tapes. Authorization and remuneration: German copyright law establishes provisions for the authorization and remuneration of cinematographic works. Producers have the right to authorize or prohibit others from using their works and to receive reasonable financial remuneration. Collective Management: Filmmakers have the option of entrusting the management of their rights to a collective management organization for efficient management and authorization. These protections are designed to protect the creative and economic interests of filmmakers by ensuring that they have control over the use and distribution of their works and receive appropriate financial compensation.) 64 c. Protection of other performances （不重要，老师好像直接跳过了） Protection photographs, Sec 72 GCA (not EU-harmonized) Moving pictures, Sec 95 GCA (not EU-harmonized) Scientific editors, Sec 70 GCA (not EU-harmonized) iv. Protection of databases, Sec 87a et seqq Protection of publishers of press publications, Sec 87f et seqq GCA Examination Requirements： ➢ does not contain the Patent section, mainly copy right and tradmarket ➢ It is advisable to cite legal texts: this includes German texts (focusing on German law) as well as some EU directives (the teacher gave the example of the Example of the exhausted principle, which may involve two EU directives), and the reference to legal texts should preferably be precise and relevant. ➢ There is no word count requirement, depending on the time of year. My previous teacher said it was closed book and would only test the basics (I don't know if that will change when it becomes ONLINE) Teacher's words.： So then we're making a trademark and copyright on exam, we will have 3 questions and the patent law is not in including the, usually it's all it's necessary to set citation, the article, the, the law, to set the law Well, since this has been transposed most of the time from EU law, we will focus on the German law. Yes however, for example, when we talk about exhaustion today, we also talk about other directives which are, so you might learn that or you can bring the directive you don't have to write down the article you just have to give reference to the reference. Okay, so we also don't to write the specific number of the article it's important see what do you mean by that? When if we want to use the content of article is it necessary to s write the specific number like the section and then it would make sense if you write section to satisfaction to number 3, for example, it's better to be as precise as possible when you're making, because for example, in a section 2 copyright act, there's just a lot of in it, a lot of content in it. So it makes sense to be as precise as Thanks the thing about the open book exam is that it basically just copy that script. And I think that doesn't make sense. I mean, I know that you all know how to be things from my script, and that's not what you're supposed to do. Okay? So I promise you it won't be hard. It won't be difficult to pay. Could do that with very good basic knowledge. That perfectly fine. 65