Is it worth getting a copyright
A copyright infringement will result in a warning
Important information about copyright infringement
So that you feel in your everyday life do not accidentally be found guilty of copyright infringement, we would like to give you some information below.
Because whoever im Internet surfs, can download a picture or video every now and then without being aware of the consequences. Only in retrospect does it then turn out that you are a Offense committed because you have violated the applicable copyright law.
But also outside the global network you can be sued for copyright in more and more cases. Just think of a branded perfume that is unmatchedly cheap for sale. In such a case, you can always be sure that the Copyright Act was broken. But you as a consumer can now also be used because of a Copyright infringement concern? These and a few other questions will be answered in this article.
Further advice on copyright
Copyright: a brief look back at history
Of course it was, however already in antiquity not welcomed and for example has already been in the Roman Empire very much a criminal offense if someone falsely claimed to be the author of a certain work.
Back then, a font was associated with the person of its author much more than it is today. This still bears witness to this today actual origin of the term "plagiarism": It comes from the Latin word "plagiarius", which means "Thief of a man" means and originally means the robbery of a slave.
The first forerunners of the copyright law as we know it today were, of course, only after the invention of printing necessary in the 16th century. It was a privilege given to a printer by his sovereign. In this way he became - mind you not the actual author - the sole owner of the rights to the respective printed matter. If this privilege was granted by the church, one spoke of one Imprimatur (lat. "It will be printed")
The author turn was from the printer only one-time with a comparatively small sum of money rewarded, and with that all his rights were satisfied. Back then, the printer in a person was always that too Editor and, so to speak, the sole beneficiary on a work.
Copyright (UrhG) as we know it today is not even as old as one might assume. In fact, it originated from the early 50s of the last centurywhen it was worked out in Geneva for the whole world.
In Germany there was already since 1901 and 1907 corresponding partial laws. One of the most important precursors was that Bern Convention for the Protection of Works of Literature and Art from 1886. The first idea for this international agreement came from the well-known writer Victor Hugo, and it was valid between eight European nations - including the former German Empire. The World Intellectual Property Organization founded in 1967 should also be mentioned in this context. It has been part of the United Nations since 1974.
The German copyright law, as it applies to this day, was published on September 9, 1965. It has been valid for every work since then 70 years after passing away of the author. Because of course every author is proud of his work and wants it to be protected by copyright for as long as possible.
This was expressed even more in the GDR, because there every work was inseparably part of the so-called "Socialist personality rights" of its author. Only the works of natural persons - but not of companies, for example - were protected by the state. However, all works of art were strictly regulated by the state at the time. Literature, music or a film that enjoyed the protection of the local copyright law had to have some meet prescribed criteria and of course was not allowed to criticize the ruling regime.
As in the 1990s the Internet became more and more widespread in Germany too, it became necessary to adapt copyright law to the new requirements. After all, this modern technology would theoretically make it possible for anyone to illegally obtain third-party intellectual property with just a single click. One too unintentional copyright infringement the door would be open every day.
Copyright: The current situation in Germany
Since 2003 it has therefore been legally forbidden in Germany to manipulate a medium in such a way that a property protected by copyright can be reproduced as often as desired. Because for this, the author would have to give his express consent. However, he only gives this for a copy for backup, the use of which is then only permitted for private use.
However, no one can expect a penalty for more copies who do not intend to earn money by distributing them. That regulates Section 53 of the Copyright Act. However, the defendant must provide evidence of this. It has become common practice to include the amount in dispute - and thus the legal fees to be calculated 1,000 euros determine if the unlawful use was exclusively private.
However, some caution is required here. Because if the Submission unlawful originated, of course, they always apply private copies as not legal.
In order to be sure to avoid punishment, one should therefore always make sure of a trustworthy source. So if any store sells branded perfumes for a fraction of its actual price or current CDs for just one euro, for example, you can always be sure that they are from an illegal source come.
If you were to buy such goods because you want to get a supposed bargain, you would inevitably make it punishable. However, since technology is constantly advancing with ever new refinements, the current version of the copyright law can by no means be considered complete.
What is copyright infringement anyway?
What many people may still not be aware of:
No author in the world can sell his copyright or in any other way transfer it to another person or institution.
What is for sale and what is being sold again and again is exclusively that Right of use and distribution of its intellectual property. If a person has bought a CD or DVD, for example, they only own the rights to the silver disc, but not to the content that was actually purchased.
The copyright law naturally grants the author extensive powers. Only when a user has exceeded this can a Copyright infringement to be spoken.
Special case: copyright infringement by children
If you let children alone at their parents' computer at an early age, you take away their fear of technology. Because without the knowledge of a computer and its diverse software, almost no profession can be practiced today. It is important and right that the little ones are allowed to play and try out the device. However, one often reads and hears about in the media Parents who should stand up for their childrenbecause they have allegedly committed a copyright infringement. Mostly this concerns the copyright on the Internet, if the little ones have downloaded something illegally.
Now the good news is that the Parents can expect no punishmentif they can prove that they have taught their underage children in detail about the right behavior on the Internet.
The little ones can be told, for example, that the Internet is like a huge supermarket with thousands upon thousands of tempting offers. After all, even there in the shopping mall they wouldn't just take everything they like off the shelves and leave the shop with it without paying. Another protection of copyright by children can also be a software Offer, which blocks access to certain sites. For this it is necessary to create different users of the computer, who are then given certain rights.
Adult childrenwho romp around on the global network with their parents' computers do have one personal punishment to fear. When answering the question of whether they will be sentenced under criminal law for young people or for adults, great consideration is given to the mental developmental state of the offender. Because in juvenile criminal law, only hours of work to be done for a non-profit organization come into consideration.
Copyright infringement: the threatening warning and its consequences
But it still happens every day that copyright has to be applied on the Internet. Because if a site does not explicitly state that their Content available free of charge are, they are allowed in no case be copied.
It is the same when you publish content from other websites on your own private homepage. This applies to images as well as texts and videos. Then it usually won't take long for one to flutter Warning for copyright infringement into the house. With it you usually receive a cease and desist declaration that includes the demand for a certain sum of money.
The amount is based on the following criteria:
- Size of the download
- Is the film or the music currently still being sold to the public?
- How popular is the title with consumers?
- How new is the title?
In order to counteract this, one can find a so-called one in more and more homepages Disclaimer. That means one in German Disclaimer of liabilitythat one hopes to achieve with the publication of this text. However, this disclaimer in no way protects against punishment and, in the opinion of many courts, can even be reversed.
With today's prices for a visit to a cinema, it is not surprising that also that Copyright regarding film must be used more and more often. But regardless of the fact that the cinema offers an inimitable atmosphere in which the popular blockbusters can unfold their corresponding effect on the audience, you should think about the following:
To produce a filmthat lets millions of people burst into storms of enthusiasm, devours a lot of money. All the well-known actors often receive fees in the millions. Of course, the crew - the producer, the director, the sound engineers and cameramen - also want to make a living. Maybe one or the other set has to be rented for a lot of money, and there is also the use of a studio not for nothing.
If the resulting film could now be seen for free, all of this could not be achieved at all. And anyone who is a fan of a producer and his films or a certain actor should give his idol the reward he deserves for his work.
What is more and more common in our time is that Copyright Regarding Music. It's not only all too seductively hip for young people Title completely free on your own computer.
That you can deal with it punishable many people are not yet aware of it. But this applies here Copyright Act § 2 Paragraph 2that particularly protects works of art.
The first step after receiving a cease and desist declaration is always Contacting the rights holder.
Under no circumstances should the form sent Signed unseen and the claim contained therein paid, All legal advisors now agree on this. Perhaps a compromise can be negotiated in a personal conversation, but it must be put in writing in any case.
Should one now receive such a cease and desist declaration and not respond to it, the matter can only get more annoying and expensive. In this case, the owner of the violated rights obtains a so-called interim disposalwhich applies until the disputing parties have met before a judge.
Of course, what should be mentioned here is that which is documented by the copyright law Right to your own picture.
example: If you want to take a picture of your partner on vacation on the beach or near a tourist attraction, many strangers are sure to run into the picture. Theoretically, you would have to press the shutter release button on the camera ask every stranger's permission to take photos.
However, such consent does not have to be obtained specifically if the illustration satisfies a legitimate interest in contemporary history. For example for photos of city, street and civic festivals be considered.
Another case that landed before the Federal Court of Justice also belongs in this context: Employees of a car liability insurance company Pictures of an accident vehicle on-line. However, these came from the appraiser.
He sued because of the illegal use of his property within the meaning of the copyright law. Because the Federal Court of Justice could not rule out the risk of a repetition, the plaintiff's appraisal was right and the insurance company concerned had to compensate him for his damage (file number I ZR 55/12).
The copyright infringement on the Internet
The internet opens up opportunities that we couldn't even dream of until a few years ago. Originally developed in the USA for the military there, hardly anyone can do without this medium today. Banking transactions are mostly only carried out online, and goods and services from all over the world are only a mouse click away.
Almost every one of us today is in one or maybe even more of the well-known social networks active. Actually a good idea, because these well-frequented platforms help to find old friends and keep in touch with them.
It only gets tricky when Photos of your own family are uploaded or other people's images are shared over and over again.
Because completely unintentionally, you can be guilty of a copyright infringement in this way or you can even invite your fellow human beings to do so.
You are on the safe side if you always keep copyright and its far-reaching consequences in the case of an infringement in mind while surfing the Internet. After all, you don't want too revealing vacation photos to be found on rather dubious sites one day.
It is very similar if an employee no longer wants a Picture of him on the website published by the employer. The Hesse State Labor Court had to decide under file number 19 SaGa 1480/11 in a case in which the employee had quit her job. Of course, the company had to delete the image in question in order not to be guilty of copyright infringement.
Also rejoice Auction houses on the net increasing popularity. However, if you sell things there that are no longer needed, you should be careful.
So it is by no means allowed Simply copy the image of a perfume from the manufacturer's website or from a shop and use it for your own item description. Because here, too, the copyright on the Internet comes into force immediately, which is the illustration 50 years after its first publication protects against unlawful reproduction.
It is always safer, the one in question Photographing the article yourself and upload your own picture to the trading platform. Otherwise an extremely severe penalty can be expected.
Such an illustration is also more interesting for the potential buyer, as it may provide some information about the condition of the goods on offer.
The higher regional court in Brandenburg has already estimated quite a bit for the purely private use of a single picture over 5,000 euros (File number 6 U 58/08). In addition to this not exactly small fine, there were also the costs for the lawyers and the court.
Quite a few people who shop, surf and have fun on the Internet every day are of the opinion that they are completely anonymous when they are out and about. If you don't reveal your personal information, no one will be able to trace you. But of course that is not correct. Because every user can be found beyond doubt via the IP address of their computer.
So if, for example, a manufacturer of music or movies has discovered illegal downloads, it will charge against person unknown. The matter of copyright infringement ends up with the prosecutor, and he in turn has it sole right of the providers involved to disclose the IP addresses.
Now the owner of the IP address must provide the conclusive Provide evidence that not he, but another member of his household or circle of friends, is responsible for the copyright infringement.
If the copyright law is violated only once, a declaration of cease and desist will be sent with a claim for costs. Only when it has been established that downloads have been distributed on a large scale or even within the framework of a commercial business does a far more severe penalty apply.
So if you run one as a hobby musician, for example private homepage, one may in the sense of the copyright law without explicit permission not a single music video publish. Of course, there is always the option to apply to the Society for Musical Performance and Mechanical Reproduction Rights (GEMA) for this permission.
In return for payment of a certain sum of money, this is usually given, whereby the amount depends in turn on the topicality and popularity of the respective piece.
However, you are allowed to play the desired piece yourself, for example on the piano, and then upload this video. Only when this has been done are you on the safe side with regard to copyright in relation to music.
As the owner of a private Homepagewho deal with literature busy, it is much easier, on the other hand. Because several services online provide information about for which works the copyright has expired. Above all, www.gutenberg.org should be mentioned in this context.
Here you can eBooks Download in different languages and different formats and also make them publicly available yourself without having to expect a penalty for copyright infringement.
In addition, there are innumerable sites on the Internet dedicated to the distribution and exchange of Cooking and baking recipes have dedicated. Especially for housewives and men, this is a fund of always exciting creations. People swap and chat here, and real friendships will certainly develop over time.
But even here some caution should be exercised. Because even, who simply takes a recipe from a book 1: 1 - and maybe even with the associated photos - published on the Internet, inevitably makes itself a criminal offense because of a copyright infringement.
Many companies also publish one online as a little help for their visitors Route planthat was simply copied and pasted by a provider on the network. What is mostly not yet known is the fact that such an approach is also not allowed, because the copyright law applies here too.
A penalty under the Copyright Act can be avoided if the template has been significantly changed in so-called "free editing". The Illustration of the road is given a different color, for example, and additional reference points are inserted that were not visible in the original.
Incidentally, for the purpose of optimizing a website for the common search engines, it is actually quite common to publish brand names, for example. However, the owners of these labels are right if they do not tolerate such use of the names protected by copyright law.
Such a ban usually only affects Affiliates, people who make money online selling sales. They are then obliged to find other relevant search terms that ensure that their offers can be found.
In addition, a platform that is mostly visited by students had published large parts of a publication. Under the file number I ZR 76/12, the Federal Court of Justice ruled in 2013 that it had not made itself liable to prosecution within the meaning of the Copyright Act because it had not made more than 12 percent of the entire text publicly available.
Problematic copyright in file sharing networks on the net
In keeping with the seemingly unlimited possibilities of the internet, quite a few people ask themselves why they should pay a lot of money for their music enjoyment when the titles of the current charts can supposedly be exchanged completely free of charge. We are talking about services such as eMule, eDonkey or KaZaA. The operators of this and similar platforms, which are commonly called "file sharers" - do not save anything themselves on their own servers. Rather, the exchange item is distributed on the servers of the users who only download special software for this purpose.
In contrast to proceedings in other matters, here the person concerned can since 2007 got access to files at the court without the help of a lawyer. There is a fee charged per sheet copied.
Knowing this information is important in order to be able to determine without a doubt at what point in time the plaintiff became aware of the copyright infringement that had been committed. However, the same also applies to the damaged companies, which no longer have to go through the public prosecutor's office.
Those affected receive this from the lawyer on the other side Offer a settlement, the amount of which is already at several thousand euros can move. If the admonished person does not accept this offer, there will inevitably be one Trial in court. But mostly the actual damage from an economic point of view is so small that the lawsuit is dismissed. However, a fee-based warning for copyright infringement will still be sent to the persons concerned.
To be mentioned in this context is Berlin Society for the Prosecution of Copyright Infringements e.V. (GVU), which, founded in 1985, represents the interests of manufacturers of games and films vis-à-vis politicians. For the most part, however, the institution's staff are researching people who distribute pirated copies on the Internet.
Copyright infringement: the statute of limitations for legal claims
The copyright law stipulates that a copyright infringement is statute-barred after three years at the latest and can then no longer be negotiated. However, this period does not begin with the deed, but with the Time at which it became known to the owner of the rights, and then only at the end of this year.
If the injured party initiates a warning within this period because of the copyright infringement, the Deadline suspended as a result and starts to run again.
What is the penalty for a copyright infringement?
Since the copyright law puts the rights of authors under its special protection, the Punish in the case of a copyright infringement too particularly sensitive and gnaw on many a bourgeois existence. Since they are of course also intended to act as a deterrent to other potential perpetrators, they are threatened in civil law proceedings Fines of up to 10,000 euros.
In addition there are the costs for the own lawyer and the legal representative of the plaintiff. Thus, a bourgeois existence can in many cases get into real danger.
If the unauthorized download was offered publicly by the perpetrator and in the context of the exercise of a trade, he sees Section 106 of the Copyright Act even up to five years in prison in front. In the case of not yet adult offenders, a corresponding one is given up to the age of 20 Youth penalty into consideration.
It should also be noted that the infringer, depending on the amount of the penalty imposed, also as criminal record applies. That certainly does not make the further life of a juvenile offender any easier.
Mischief warning for copyright infringement
Of course, it is important and absolutely correct if a commercially committed copyright infringement is countered by legal means. Just think of the employees of the customs authorities who are on the trail of cheap plagiarism in ports and airports and who actual manufacturer of immense sales losses preserve. But the courts in Germany are still a long way from agreeing on the implementation of copyright law and its consequences for the common consumer.
The sums that are set as a penalty in the event of a proven warning differ, however, quite considerably. It is also by no means entirely clear among lawyers whether a private person who offers something for sale in an auction house on the Internet will in all cases be one Declaration of revocation must add.
Of course, that brought lawyers to the scene who now serve an entire industry. They scour the global network every day for people who offer goods. They are now demanding huge sums of money and in this way destroy entire livelihoods.
In search of clients, they are on the go in relevant forums on the Internet, wherever they are undisguised bragging rights to do great harm to the competition for their customers to be able to.
If such excesses are discovered by the copyright law and finally end up in court, the dubious lawyer pays the comparatively small fine and then continues to work as if nothing had happened. Because no judge has yet been banned from practicing such a lawyer pronounced.
But even long-established companies are not safe from these lawyers. For example, supermarkets, drugstores or discounters are victims of warnings because some price tags in the store have prescribed basic price is not apparent.
In many cases, the clients of these lawyers are even Front men of the competition of those shopping outlets that they want to give them a certain competitive edge. Another - but certainly reputable - institution in this group is the Headquarters for Combating Unfair Competition.
She was in the year Founded in 1912 and is now based in Bad Homburg near Frankfurt am Main. Here have to the 2,000 companies and associations joined togetherin order to jointly take action against competitive advantages in retail and to protect their legitimate copyright.
In addition to the Central associations of the economy also the craft as well as chambers of industry and commerce.
But also the Society for musical performance and mechanical reproduction rights (GEMA) is constantly striving to protect her rights - and ultimately those of the artists she represents.
Often enough, however, she shoots far beyond the actual target. Like when the Host a larger wedding party in their opinion would have to pay horrific fees.
The celebration, at which a live band played, was attended by a few hundred invited guests. For the court, however, it was not the size of the audience that was decisive, but solely the fact that all guests had come by personal invitation.
In the opinion of the judge, this was accordingly no public eventfor which the requested fees would have been due. The organizer of the celebration did not have to pay anything and had to expect no penalty.
Anonymous fights against provisions in copyright law
It wasn't really a serious background against which Anonymous was founded. But soon the members of the leaderless group also made a name for themselves in political life. They took care of social grievances worldwide and increasingly attacked well-known global players in the business world.
In 2012, they targeted the current copyright law. They made private data of many famous artists under the title "Fuck your copyright blah blah blah" publicly available, which caused heated discussions. These media workers had previously opted for a tightened copyright law pronounced and thus incurred the wrath of the community.
Almost 20 internationally known publishers, including Kiepenheuer & Witsch, Rowohlt and Suhrkamp, vetoed the copyright of their artists, and the matter even brought the German Ministry of Justice to the scene.
In the heat of the moment there was even talk of a “communism for children”. And in view of the absurdity of the controversial action, voices were even heard that the real perpetrators saw in the rather conservative circle of Anonymous's enemies.
There is a difference between copyright and copyright
Especially online, but increasingly also in books and other German-language publications, this is becoming more and more common these days Copyright sign (©). You can do it not synonymous with the local copyright law equate, because it affects this only at a few points.
The local copyright law sets a work inextricably linked with the person of its author, while the more American copyright only aims at protecting the work itself.
For this reason, a copyright statement in German works is not harmful, but completely irrelevant and therefore superfluous. Because that Copyright law applies anyway and in any case. It does not have to be registered or registered anywhere. In particular, engineers and developers in the English-speaking world have often assigned the rights to developed and registered patents to their employers.
A clause in the employment contract is required here, which allows the author at least part of the proceeds from the exploitation. Whether this is included in the contract is in any case a matter of skillful negotiation and by no means a matter of course. Often times it comes with a relatively low and even only one-time bonus payment compensated.
Copyright Infringement and Copyright Act: Conclusion
In this article it has surely become sufficiently clear that from a legal point of view one is walking on very thin ice every day and practically constantly guilty of copyright infringement.
The German copyright law holds a host of pitfalls, both in the everyday life of a private person and on the Internet. However, it should also be said that the Courts in German-speaking countries are increasingly making their judgments in the interests of consumers. Nonetheless, you should be cautious, especially on the Internet.
Because contrary to popular belief nobody is anonymous in the global network and can be found unequivocally at any time via the IP address of his computer. Children should be introduced to the interesting medium at an early stage, but you do too detailed explanation on the part of the responsible parent or guardian.
This information should of course always be based on the age and adapt to the respective circumstances. Only in this way can children be put in a position to use the modern medium and the current possibilities of technology in a responsible manner later as adults.
In any case, there is a very high risk of copyright infringement severe penaltiesbecause they are supposed to target more potential offenders deterrent effect and last but not least, of course, protect the legitimate interests of the rights holders The copyright law provides for fines of a few thousand euros and even imprisonment. A copyright infringement is not an administrative offense and certainly not a trivial offense, but a real one Offensebetter not to be guilty of.(61 Ratings, average: 4,08 of 5)
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