CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW
Authors:
1.
National Research University Higher School of Economics
(kafedra mezhdunarodnogo publichnogo i mezhdunarodnogo chastnogo prava, professor)
Russian Federation
Russian Federation
2.
National Research University Higher School of Economics
(kafedra mezhdunarodnogo publichnogo i mezhdunarodnogo chastnogo prava, docent)
Russian Federation
Russian Federation
Type:
Article
Pages:
from 54
to 60
Status:
Published
Received:
13.06.2017
Accepted:
10.07.2017
Published:
10.07.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
GCL, personal absolute and inalienable character, related rights, open access to publishing and copyright contracts, collective societies for management of copyright and related rights.
Abstract (English):
This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role. Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) concluded under the World Trade Organization (WTO), and the primary and secondary law of the European Union). Also there is an analysis of objects of GCL (copyrighted works) and their main elements: personal character, intellectual content, forms, and their perception of others. Original work must be the result of intellectual effort of the author, who is the subject of copyright. The content of the GCL, the mechanism of its regulation and the scope of its application, including the dates of validity are analyzed in present article. Special attention is paid to the peculiarities of copyright and publishing contracts, issues of related rights, as well as a distinctive trait of GCL – the societies for the collective management of copyright and related rights. Also the article addresses civil and criminal penalties for violations of the GCL. In conclusion the authors noted that the images of historically significant personalities can be published without their consent in a public and justice interests.
This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role. Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) concluded under the World Trade Organization (WTO), and the primary and secondary law of the European Union). Also there is an analysis of objects of GCL (copyrighted works) and their main elements: personal character, intellectual content, forms, and their perception of others. Original work must be the result of intellectual effort of the author, who is the subject of copyright. The content of the GCL, the mechanism of its regulation and the scope of its application, including the dates of validity are analyzed in present article. Special attention is paid to the peculiarities of copyright and publishing contracts, issues of related rights, as well as a distinctive trait of GCL – the societies for the collective management of copyright and related rights. Also the article addresses civil and criminal penalties for violations of the GCL. In conclusion the authors noted that the images of historically significant personalities can be published without their consent in a public and justice interests.
Keywords:
GCL, personal absolute and inalienable character, related rights, open access to publishing and copyright contracts, collective societies for management of copyright and related rights.
GCL, personal absolute and inalienable character, related rights, open access to publishing and copyright contracts, collective societies for management of copyright and related rights.
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