Legal Definitions - Urheberrecht

Urheberrecht is a German legal term that translates directly to "author's right." It refers to the exclusive legal rights granted to creators over their original intellectual works. This concept is similar to what is known as "copyright" in common law systems, but it often places a stronger emphasis on the creator's personal connection to their work, encompassing both moral rights (such as the right to be recognized as the author and to protect the integrity of the work) and economic rights (such as the right to reproduce, distribute, perform, or adapt the work). The purpose of Urheberrecht is to protect the creator's interests and incentivize the creation of new works.

• Example 1: A Novelist's Work

  A German novelist, Clara, writes a new historical fiction novel. She wants to ensure that only she can decide when and how her book is published, translated into other languages, or adapted into a film.

  This illustrates Urheberrecht because Clara's novel is an original literary work, and under this legal framework, she automatically holds the exclusive rights to it. This means she has the sole authority to authorize its publication, create derivative works like translations or screenplays, and control its distribution. Anyone wishing to use her work in these ways would need her permission, typically granted through a licensing agreement, demonstrating her "author's right" to control her creation.

• Example 2: Software Development

  A software engineer, Max, develops a unique algorithm and writes the source code for a new data encryption program. He plans to license the software to companies but wants to prevent others from simply copying his code and selling it as their own.

  Max's original source code and the underlying algorithm, as an expression of his intellectual effort, are protected by Urheberrecht. This protection ensures that he has the exclusive right to reproduce, distribute, and modify his software. If another company were to copy his code without permission, they would be infringing upon his Urheberrecht, as he holds the "author's right" to his creation.

• Example 3: Photographic Art

  A freelance photographer, Lena, captures a stunning series of landscape images during an expedition. Later, she discovers that one of her photographs has been used without her permission on a commercial website promoting tourism, and her name was not credited.

  Lena's photographs are original artistic works protected by Urheberrecht. This protection grants her both economic rights (the right to control the commercial use and reproduction of her images) and moral rights (the right to be identified as the author and to prevent misattribution). The website's use of her photo without permission and without credit infringes upon both her economic rights (unauthorized commercial use) and her moral rights (lack of attribution), demonstrating a violation of her "author's right" over her creative work.