Copyright

COPYRIGHT | reseved by the artist

© COPYRIGHT - paintings - artworks

all rights on paintings and drawings are reseved by the artist Maria Moretti

Copyright law

== 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''"),Fromm/Nordemann/Nordemann/Vinck, Urheberrrecht, § 2 Rn. 20; Loewenheim, Handbuch des Urheberrechts, § 9 Rn. 103 there are extremely high standards for applied art to be reached for it to achieve [[copyright protection]].Rehbinder, Urheberrecht, Rn. 130, 131, 151 This is so because ''[[Geschmacksmuster]]'' (design patents) and ''Schriftzeichengesetz'' (typeface patents) are seen as ''[[lex specialis]]'' for applied art such that the threshold of originality must not be assumed low for them. This has been confirmed by courts several times, especially for logos, but also for earrings.

== Licenses ==

While exclusive licenses are almost as powerful as copyright transfer, the author always retains some rights to the work, including the right to prevent defacing and to be identified as the author.Cf. sec. 13 et sqq. UrhG Employment agreements are frequently construed as granting the employer an exclusive license to any works created by the employee within the scope of his obligations. For [[computer software]], the copyright act expressly provides that all economic usage rights (as opposed to personality rights) “belong” to the employer.Sec. 69b UrhG

A recent amendment of the ''Urhebergesetz'' (sec. 31a, included in 2008) has created the possibility to grant licenses for "unknown uses", i.e. permit use of works in media not known at the time the license is granted. This had not previously been possible, so that even "unrestricted" licenses granted before the mid-1990s did not (and could not) include the right to use the work on the internet, which created considerable practical problems.

== EU Directive ==

Germany has implemented the [[EU Copyright Directive]] 93/98/EEC. Parts of the Directive were based on German authors’ right law in the first place, e.g. the duration of [[copyright term]]: German authors’ right law had previously granted protection for 70 years after the death of the author,Sec. 64 UrhG which was the longest term of all [[EU member states]]; before 1965 it was life plus eighty years.

Zuletzt angesehen