How can I easily publish an article
Newspaper article copyright: Are reports, comments and reports protected?
From copyright.de, last update on: May 17, 2021
For many people, reading is the newspaper a regular part of the morning routine for you well informed about the most diverse Events from politics, economy and culture start the day. This is at the same time classic medium in the Upheaval and is meanwhile in many cases too on-line consumed. But this has an impact on that Copyright in newspaper articles?
FAQ on copyright in newspaper articles
In principle, it does not matter for the copyright of a newspaper article in which way it was published. The identical property rights according to UrhG apply to both variants.
In the case of works protected by copyright, only the creator or rights holder decides when and how they are published. If third parties want to print this in another publication or present it on a website, you need the consent of the author. In principle, this applies to any reproduction according to copyright law. It is irrelevant whether you scan, copy or type in newspaper articles.
Educational institutions may use a variety of copyrighted works to illustrate teaching. According to § 60a UrhG, up to 15 percent can be reproduced. So that press products can still be used to their full extent, federal states, publishers and collecting societies have agreed on a license model.
Are newspaper articles subject to copyright?
To the types of work, according to Section 2, Paragraph 1 of the Copyright Act (UrhG) in principle Copyright protection can enjoy, the so-called count as well Language works. This collective term includes a wide variety Texts - like novels and poems -, Talk as Computer programs. In addition, according to copyright Magazine and newspaper articles are regarded as a work of language.
However, the legislature also writes for copyright protection conditions in front. A work is only available if it is a personal spiritual creation acts. Whether this is the case with a newspaper article has to be individually checked if necessary become. However, it says in one Judgment of the Berlin Chamber Court of April 30, 2004 (Ref. 5 U 98/02) on this:
Newspaper articles and magazine articles usually represent personal intellectual creations [...]. The diverse possibilities of presenting a topic, the almost inexhaustible variety of expressive possibilities mean that such an article almost inevitably receives the individual character of its author. This applies not only to articles that incorporate the author's own opinion, such as comments, but also to pure reporting.
According to the assessment of the Berlin Chamber of Commerce, it can usually be assumed that the Copyright for newspaper articles applies. As a result, for the Publication and exploitation corresponding works special regulations be valid.
Under the copyright can Newspapers but not only that items fall. In principle, there is also the possibility that corresponding property rights can also be used for Photos, caricatures, graphics or Crossword puzzle consist.
Can a warning be issued because of a newspaper article?
To for spiritual creations to ensure some protection apply to the Recovery these different rules. So need people who want a copyrighted newspaper article publish or distribute want for that Author's consent.
Without this it is forbidden according to copyright law to create a To publish newspaper articles on a homepage. This is true even if you are using References refer to the author. In addition, you cannot rely on that Right to quote according to Section 51 UrhG and thus the Limitations of Copyright called if the text is not as receipt is used for scientific work or the like.
A Publication ban applies even if in the text about you as Entrepreneur or artist is reported. Would you like the article for Self-promotion you should therefore use a written consent for publication on your website. Alternatively, you can only use one Link to the article insert on your website.
In addition, it is permissible, for the own documents a Copy of the contribution as long as afterwards no unauthorized publication he follows. Lawyers refer to this as so-called Private copy.
Anyone who violates the copyright law for a newspaper article may have to do so because of it Copyright infringement with a Warning calculate. The likelihood of this is not so small, because more and more publishers take action against illegal publications. In addition to submitting a Cease and desist declaration usually too several hundred euros in damages.
Copyright in newspaper articles - short and compact
Newspaper articles can count among the language works and thus enjoy the protection of copyright. If such contributions are nevertheless distributed without the consent of the rights holder, there is a risk of a warning including a declaration of cease and desist.
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