Copyright Act in Germany

Germany has an extended legislation on intellectual property rights. Among the laws regulating intellectual property is also the German Law on Copyright and Neighboring Rights which was first enabled in 1966. The law was last amended in October 2013. The Copyright Law is made up of three parts covering the rights of authors in all industries.

What is the scope of the German Copyright Law?

The German legislation provides for the legal relation between an author and their work. It also protects the author against third parties. Under the German Copyright Act, an author can only be a natural person. This is the main distinction between the German Law on Copyright and other international jurisdictions who also allow companies to register their creations under the copyright legislation. Under the Copyright Law, an author has the following right with respect to their work:

• -          moral rights;
• -          the right to publish the work;
• -          the recognition of authorship;
• -          the right to prohibit any changes to be brought to the creation;
• -          the rights to exploit the work.

The exploitation of the work varies depending on the type of material the author has created and it can grant the following rights:

• -          to reproduce the creation;
• -          to distribute the work;
• -          to exhibit the creation;
• -          to recite, perform or present the work;
• -          to make the work known to the public;
• -          to broadcast the creation by any video or audio means.

An author also has the right to sell their creation under the conditions established by the law. The Copyright Act establishes an author will be compensated for each resale of their work.

Our lawyers can also help you register trademarks in Germany.

Resale rights under the Copyright Act in Germany

The legislation provides for the following rates in the case of resale of copyright protected work:

• -          4% of the selling price for works below 50,000 euros;
• -          3% of the selling price for works evaluated between 50,000 and 200,000 euros;
• -          1% of the selling price for works evaluated between 200,000 and 350,000 euros;
• -          0.5% of the selling price for works evaluated between 350,000 and 500,000 euros;
• -          0.25% of the selling price for works exceeding 500,000 euros.

Also, the total royalty tax paid on the resale of copyrights is capped at 12,500 euros.

If you want more information about the Copyright Law or need assistance with the registration of copyrights, do not hesitate to contact our law firm in Germany.