Copyright Law Of Germany
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Copyright Law Of Germany
German authors' right or ''Deutsches Urheberrecht'' is codified in the ''Gesetz über Urheberrecht und verwandte Schutzrechte'' (also referred to as ''Urhebergesetz'' or ''Urheberrechtsgesetz'' and abbreviated ''UrhG''). An official translation is available. Publication date from PDF metadata. It should not be confused with copyright (exclusive rights to copy granted to ''distributors''), and is more akin to authors' rights (exclusive rights to profit from one's work granted to ''authors''). Protection requirements Court decisions have set vastly different standards for the eligibility of works of applied art on the one hand and other types of work on the other, especially fine art. While the barrier is usually very low for fine art and protection is granted even for minimal creativity (dubbed "''kleine Münze''", literally "small coin" or "small change"), there are extremely high standards for applied art to be reached for it to achieve copyright protection. This is so beca ...
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Authors' Rights
"Author's rights" is a term frequently used in connection with laws about intellectual property. The term is considered as a direct translation of the French term ''droit d’auteur'' (also German ''Urheberrecht''). It was first (1777) promoted in France by Pierre-Augustin Caron de Beaumarchais, who had close relations with Benjamin Franklin. It is generally used in relation to the copyright laws of civil law countries and in European Union law. Authors' rights are internationally protected by the Berne Convention for the Protection of Literary and Artistic Works and by other similar treaties. “Author” is used in a very wide sense, and includes composers, artists, sculptors and even architects: in general, the author is the person whose creativity led to the protected work being created, although the exact definition varies from country to country. Authors’ rights have two distinct components: the economic rights in the work and the moral rights of the author. The economic ...
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Unification Of Germany
The unification of Germany (, ) was the process of building the modern German nation state with federal features based on the concept of Lesser Germany (one without multinational Austria), which commenced on 18 August 1866 with adoption of the North German Confederation Treaty establishing the North German Confederation, initially a Prussian-dominated military alliance which was subsequently deepened through adoption of the North German Constitution. The process symbolically concluded with the ceremonial proclamation of the German Empire on 18 January 1871 celebrated later as the customary date of the German Empire's foundation, although the legally meaningful events relevant to the accomplishment of unification occured on 1 January 1871 ( accession of South German states and constitutional adoption of the name German Empire) and 4 May 1871 (entry into force of the permanent Constitution of the German Empire). Despite the legal, administrative, and political disruption ...
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German Patent Law
German patent law is mainly governed by the ''Patents Act'' (german: Patentgesetz) and the European Patent Convention. A patent covering Germany can be obtained through four different routes: through the direct filing of a national patent application with the German Patent and Trade Mark Office (german: Deutsches Patent- und Markenamt) (direct national route), through the filing of a European patent application (European route), or through the filing of an international application under the Patent Cooperation Treaty followed by the entry into either the European phase or the national (German) phase of said international application (Euro-PCT route). The German patent has a term of 20 years. Litigation The German patent litigation system is one of the few patent systems in which the issue of patent infringement and of patent validity are dealt with by different courts. The district courts deal with infringement, whereas the Federal Patent Court (German: ''Bundespatentgericht'') i ...
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Image Copyright (Germany)
In Germany, photo rights or "''Bildrechte''" are the copyrights that are attached to the "author" of the photograph and are specified in the "Law for Copyright and similar Protection" ("''Gesetz über Urheberrecht und verwandte Schutzrechte''"). These rights deal with rights of reproduction, distribution, modification, attribution, and prohibitions against illegal modification or reproduction. The ownership rights of a picture are treated under the broader "art copyright laws". Furthermore, if a museum or gallery owns a work of art or a photograph, they are permitted to make their own stipulations as to the selling of illustrations and reproductions of their property. This relates to the German legal concept of the right of owner to undisturbed possession. Wolf Vostell said: "Copyrights are like human rights". Periods of protection Photographs (''Lichtbilder'') According to § 72 Abs. 3 UrhG, copyrights for most photographs and pictures expire fifty years after their first publica ...
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Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the ...
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Rescission (contract Law)
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the '' status quo ante''). Taxonomy Rescission is used throughout the law in a number of different senses. The failure to draw these crucial distinctions is productive of serious confusion. Although Judicature legislation has been enacted throughout the common law world, and jurisdictions vary in their recognition of a distinct body of law known as equity, reference to the jurisdictional origins is still important for the purposes of exposition. * ''"Rescission" in the sense of termination''. Rescission in this sense is not the focus of this article. Where a contrac ...
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Buy-out
In finance, a buyout is an investment transaction by which the ownership equity of a company, or a majority share of the stock of the company is acquired. The acquiror thereby "buys out" the present equity holders of the target company. A buyout will often include the purchasing of the target company's outstanding debt, which is referred to as "assumed debt" by the purchaser. Non-finance usage The term may apply more generally to the purchase by one party of all of the rights of another party with respect to an ongoing transaction between the two. For example: *An employer may "buy out" an employee's contract by making a single prepayment, so as to have no ongoing obligation to employ the person; *A landlord may buy out the remainder of a tenant's lease, effectively paying them to vacate. *A government may buy out homes in a floodplain or other area subject to hazard. The language used by FEMA, a United States agency, is "acquisition". *In Major League Baseball, a club option is a ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of th ...
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Theatre
Theatre or theater is a collaborative form of performing art that uses live performers, usually actors or actresses, to present the experience of a real or imagined event before a live audience in a specific place, often a stage. The performers may communicate this experience to the audience through combinations of gesture, speech, song, music, and dance. Elements of art, such as painted scenery and stagecraft such as lighting are used to enhance the physicality, presence and immediacy of the experience. The specific place of the performance is also named by the word "theatre" as derived from the Ancient Greek θέατρον (théatron, "a place for viewing"), itself from θεάομαι (theáomai, "to see", "to watch", "to observe"). Modern Western theatre comes, in large measure, from the theatre of ancient Greece, from which it borrows technical terminology, classification into genres, and many of its themes, stock characters, and plot elements. Theatre artist Patr ...
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Stage Play
A play is a work of drama, usually consisting mostly of dialogue between characters and intended for theatrical performance rather than just reading. The writer of a play is called a playwright. Plays are performed at a variety of levels, from London's West End and Broadway in New York City – which are the highest level of commercial theatre in the English-speaking world – to regional theatre, to community theatre, as well as university or school productions. A stage play is a play performed and written to be performed on stage rather than broadcast or made into a movie. Stage plays are those performed on any stage before an audience. There are rare dramatists, notably George Bernard Shaw, who have had little preference as to whether their plays were performed or read. The term "play" can refer to both the written texts of playwrights and to their complete theatrical performance. Comedy Comedies are plays which are designed to be humorous. Comedies are often filled ...
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Publisher
Publishing is the activity of making information, literature, music, software and other content available to the public for sale or for free. Traditionally, the term refers to the creation and distribution of printed works, such as books, newspapers, and magazines. With the advent of digital information systems, the scope has expanded to include electronic publishing such as ebooks, academic journals, micropublishing, websites, blogs, video game publishing, and the like. Publishing may produce private, club, commons or public goods and may be conducted as a commercial, public, social or community activity. The commercial publishing industry ranges from large multinational conglomerates such as Bertelsmann, RELX, Pearson and Thomson Reuters to thousands of small independents. It has various divisions such as trade/retail publishing of fiction and non-fiction, educational publishing (k-12) and academic and scientific publishing. Publishing is also undertaken by governmen ...
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Copyright Law
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial ...
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