Закон Германии

• Part I. Copyright.
• Part II. Neighboring Rights.
• Part III. Special Provisions on Films.
• Part IV. Common Provisions on Copyright and Neighboring Rights.
• Part V. Scope of Application. Transitional and Final Provisions.

1. works of language, such as writings, speeches and computer programs;
   
2. musical works;
   
3. works of pantomime, including choreographic works;
   
4. works of fine art, including works of architecture and of applied art and plans for such works;
   
5. photographic works, including works produced by processes similar to photography;
   
6. cinematographic works, including works produced by processes similar to cinematography;
   
7. illustrations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and three-dimensional representations.
   

1. the right of reproduction (Article 16);
   
2. the right of distribution (Article 17);
   
3. the right of exhibition (Article 18).
   

1. the right of recitation, performance and presentation (Article 19);
   
2. the right of broadcasting (Article 20);
   
3. the right of communication by means of video or audio recordings (Article 21);
   
4. the right of communication of broadcasts (Article 22).
   

1. of architecture and of applied art; or
   
2. under an employment or service relationship for the exclusive purpose of being used in execution of duties under the employment or service relationship,
   

1. in which is located the uplink station from which the program-carrying signals are transmitted to the satellite; or
   
2. in which the broadcasting organization has its establishment, if the circumstance under item 1 does not apply.
   

1. to reproduce and distribute in newspapers, periodicals or other information journals which mainly record current events, speeches on issues of the day made at public meetings or in broadcasting and to communicate such speeches to the public;
   
2. to reproduce, distribute and communicate to the public speeches made at public proceedings in State, local government or religious bodies.
   

1. individual works are included after their publication in an independent scientific work to illustrate its contents;
   
2. passages from a work are quoted after its publication in an independent work of language;
   
3. individual passages from a published musical work are quoted in an independent musical work.
   

1. for personal scientific use, if and to the extent that such reproduction is necessary for the purpose,
   
2. to be included in personal files, if and to the extent that reproduction for this purpose is necessary and if a personal copy of the work is used as the model for reproduction,
   
3. for personal information concerning current events, in the case of a broadcast work,
   
4. for other personal uses,
   
   (a) in the case of small parts of published works or individual contributions that have been published in newspapers or periodicals,
   (b) in the case of a work that has been out of print for at least two years.
   

1. in teaching, in non-commercial institutions of education and further education or in institutions of vocational education in a quantity required for one school class or
   
2. for State examinations and examinations in schools, universities, non-commercial institutions of education and further education and in vocational education in the required quantity,
   

(a) of graphic recordings of musical works,
(b) of a book or a periodical in the case of essentially complete copies,

1. of appliances and
   
2. of video or audio recording mediums
   

1. where a person required to pay the remuneration, from whom the dealer obtains the appliances or the video or audio recording mediums, is bound by an inclusive contract concerning the remuneration or
   
2. if the dealer notifies the receiving office designated in accordance with Article 54h(3) in writing of the nature and quantity of the appliances and video or audio recording mediums received and of his source of supply by January 10 and July 10 for each preceding half calendar year.
   

1. the permanent or temporary reproduction of a computer program by any means and in any form, in part or in whole. Insofar as loading, displaying, running, transmission or storage of the computer program necessitate such reproduction, such acts shall be subject to authorization by the right holder;
   
2. the translation, adaptation, arrangement or any other alteration of a computer program and the reproduction of the results thereof. The rights of the person who alters the program shall remain unaffected;
   
3. any form of distribution of the original of a computer program or of copies thereof, including rental. Where a copy of a computer program is put into circulation by way of sale on the territory of the European Union or of another Contracting State to the Agreement on the European Economic Area with the consent of the right holder, the distribution right in respect of that copy shall be exhausted, with the exception of the rental right.
   

1. these acts are performed by the licensee or by another person having a right to use a copy of a program, or on their behalf by a person authorized to do so;
   
2. the information necessary to achieve interoperability has not previously been readily available to the persons referred to in item 1;
   
3. these acts are confined to the parts of the original program which are necessary to achieve interoperability.
   

1. be used for goals other than to achieve the interoperability of the independently created computer program,
   
2. be given to others, except when necessary for the interoperability of the independently created computer program,
   
3. be used for the development, production or marketing of a computer program substantially similar in its expression, or for any other act which infringes copyright.
   

(3) Paragraphs (1) and (2) shall be interpreted in such a way that their application neither impairs the normal exploitation of the work nor unreasonably prejudices the right holder's legitimate interests.

Infringement of Rights

Art. 69f.-(1) The right holder may require from their owners or proprietors that all unlawfully manufactured or distributed copies or all copies intended for unlawful distribution be destroyed. Article 98(2) and (3) shall apply mutatis mutandis.
(2) Paragraph (1) shall apply mutatis mutandis to any means of which the sole intended purpose is to facilitate the unauthorized removal or circumvention of any technical device which may have been applied to protect a computer program.

Application of Other Legal Provisions; Law of Contract
Art. 69g.-(1) The provisions of this Section shall not prejudice the application of other statutory provisions to computer programs, particularly those concerning the protection of inventions, topographies of semiconductor products, trademarks and unfair competition, including the protection of business and works secrets as also agreements under the law of obligations.
(2) Any contractual provisions contrary to Article 69d(2) and (3) and Article 69e shall be null and void.
(Section VIII added by the Law of June 9, 1993 and amended by the Law of October 25, 1994.)

1. to rebroadcast its broadcasts,
   
2. to record its broadcasts on a video or audio recording medium, to make photographs of its broadcasts and to reproduce and distribute such recordings or photographs, except for rental right;
   
3. to make its broadcast perceivable to the public in places only accessible to the public on payment of an entrance fee.
   

1. for private use; this shall not apply to a database whose materials are individually accessible with the help of electronic means;
   
2. for personal scientific use, if and to the extent reproduction is necessary for such purpose and the scientific use has no commercial purpose;
   
3. for use for illustration in teaching, insofar as the use has no commercial purpose.
   

In the cases referred to in items 2 and 3, the source shall be clearly stated.
(2) It shall be permissible to reproduce, distribute and communicate to the public a qualitatively or quantitatively substantial part of a database for use in proceedings before a court, an arbitration tribunal or an authority or for the purposes of public security.
(Added by the Law of July 22, 1997 and amended by the Law of May 8, 1998)

Term of Rights
Art. 87d The rights of makers of databases shall expire 15 years after the publication of the database, but 15 years already after its making if the database has not been published within that period. The period shall be computed in accordance with Article 69.
(Added by the Law of July 22, 1997)

Contracts for the Use of Databases
Art. 87e Any contractual agreement under which the owner of a copy of a database put in circulation by way of sale with the consent of the maker of the database, a person entitled in any other way to make use of the database or a person to whom the database has been made accessible under a contract concluded with the maker of the database or with another person having the maker's consent, which contains an obligation towards the maker of the database to refrain from reproducing, distributing or communicating to the public qualitatively and quantitatively insubstantial parts of the database shall be invalid where such acts neither conflict with a normal exploitation of the database nor unreasonably prejudice the legitimate interests of the maker of the database.
(Added by the Law of July 22, 1997)

1. the right to use the work in its original form or as an adaptation or transformation for the purpose of producing a cinematographic work;
   
2. the right to reproduce and distribute the cinematographic work;
   
3. the right to publicly present the cinematographic work if it is a work intended for presentation;
   
4. the right to broadcast the cinematographic work if it is a work intended for broadcasting;
   
5. the right to exploit translations and other cinematographic adaptations or transformations of the cinematographic work to the same extent as the work itself.
   

Art. 95. Articles 88, 90, 91, 93 and 94 shall apply mutatis mutandis to sequences of images and to sequences of images and sounds which are not protected as cinematographic works.

1. works of architecture;
   
2. separable parts of copies and devices whose manufacture or distribution is not unlawful.
   

1. without the author's consent, affixes a designation of author (Article 10(1)) to the original of a work of fine art or distributes an original bearing such designation,
   
2. affixes a designation of author (Article 10(1)) on a copy, adaptation or transformation of a work of fine art in such manner as to give to the copy, adaptation or transformation the appearance of an original or distributes a copy, adaptation or transformation bearing such designation,
   

1. reproduces, distributes or publicly communicates a scientific edition (Article 70) or an adaptation or transformation of such edition;
   
2. exploits a posthumous work or an adaptation or transformation of such work contrary to Article 71;
   
3. reproduces, distributes or publicly communicates a photograph (Article 72) or an adaptation or transformation of a photograph;
   
4. exploits a performance contrary to Articles 74, 75(1) or (2) or Article 76(1);
   
5. exploits an audio recording contrary to Article 85;
   
6. exploits a broadcast contrary to Article 87;
   
7. exploits a video or video and audio recording contrary to Article 94 or Article 95 in conjunction with Article 94,
   
8. exploits a database contrary to Article 87b(1),
   

1. If the petitioner withdraws his request, the customs authorities shall lift the seizure without delay.
   
2. If the petitioner maintains his request and submits an executable court decision ordering the impounding of the seized copies or limitation of the right to dispose, the customs authorities shall take the necessary measures.
   

1. where enforcement on the original of a work is necessary for enforcement on an exploitation right in the work;
   
2. for enforcement on the original of a work of architecture;
   
3. for enforcement on the original of another work of fine art, if the work has been published.
   

1. in the cases referred to in Article 114(2), first sentence;
   
2. for enforcement on the original of a work if the work has been published.
   

1. to enforcement of claims for money against an author of a scientific edition (Article 70) and against his successor in title;
   
2. to enforcement of claims for money against a photographer (Article 72) and against his successor in title.
   

5. ENFORCEMENT OF CLAIMS FOR MONEY ON CERTAIN DEVICES

Art. 119.-(1) Devices intended exclusively for reproduction or broadcasting, such as moulds, plates, engraving stones, blocks, stencils and negatives, shall be subject to enforcement of claims for money only if the creditor is entitled to exploit the work using such devices.
(2) The same shall apply to devices intended exclusively for presenting a cinematographic work, such as reels of film and the like.
(3) Subsections (1) and (2) shall apply mutatis mutandis to editions protected under Articles 70 and 71, to photographs protected under Article 72, to video and audio recordings protected under Article 75(2) and Articles 85, 87, 94 and 95 and to databases protected under Article 87b(1).
(Amended by Laws of June 23, 1995 and July 22, 1997.)

1. Germans within the meaning of Article 116(1) of the Basic Law who do not possess German nationality and
   
2. nationals of another Member State of the European Union or another Contracting Party to the Agreement on the European Economic Area.
   

1. their principal administration or principal establishment is located in one of the States designated in Article 120(2), item 2; or
   
2. their statutory headquarters are located in the territory of one of those States and their activities show a real connection with the German economy or with the economy of one of those States.
   

1. regulating the form of the application and the maintenance of the Register of Authors;
   
2. ordering the imposition of charges (fees and expenses) to cover administrative costs relating to the entry, the issuing of a certificate of entry and the issuing of other extracts or their certification, and regulating matters concerning the party liable for costs, the time at which charges are due, the obligation of payment in advance, exemption from charges, limitation, the procedure for the fixing of charges, and legal remedies against the fixing of charges. The fee for an entry shall not exceed 30 German marks.
   

1. for each audio recording appliance 2.50 DM
   
2. for each video recording appliance with or without audio recording 18.00 DM
   
3. in respect of audio recording mediums, for each hour of playing time in normal utilization 0.12 DM
   
4. in respect of video recording mediums, for each hour of playing time in normal utilization 0.17 DM
   
5. for each audio and video recording appliance for whose operation separate mediums are not required (items 3 and 4), twice the remuneration rates under items 1 and 2.
   

1. from 2 to 12 copies a minute 75 DM
   from 13 to 35 copies a minute 100 DM
   from 36 to 70 copies a minute 150 DM
   more than 70 copies a minute 600 DM
   
2. Remuneration due to all owners of rights under Article 54a(2) shall be, for each DIN A4 page of photocopying:
   
   (a) for photocopies made exclusively from books approved by a provincial authority as school, books and intended for school use 0.05 DM
   (b) for all other photocopies 0.02 DM
   
3. For reproduction appliances with which polychrome photocopies can be made and for polychrome photocopies, the rate of remuneration shall be double.
   
4. These rates of remuneration shall be applied mutatis mutandis to other reproduction processes having a comparable effect.