Talk:Copyright law of Germany

Latest comment: 2 years ago by RobbieIanMorrison in topic Clapton bootleg CD case from 2021

Move discussion in progress

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There is a move discussion in progress on Talk:United States copyright law which affects this page. Please participate on that page and not in this talk page section. Thank you. —RM bot 12:45, 16 June 2011 (UTC)Reply

Title

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It's almost ridiculous to say "copyright law" in the article's title since Germany's system of protection of rights on expressive works is not a copyright system and does not know such a term. --eugrus (talk) 16:08, 26 June 2016 (UTC)Reply

Wrong Information and Misconception

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This article has a fundamental misconception and gives wrong information. English Copyright is *not* the same as Urheberrecht. Perhaps the English copyright relates to German Verwertungsrechte/Nutzungsrechte, and the English Authorship rights relate to German Urheberschaft. But the current page should be deleted and rewritten from scratch, or should be thoroughly overhauled by a law expert. — Preceding unsigned comment added by 88.133.199.106 (talk) 07:31, 2 February 2018 (UTC)Reply

In particular, "the author is the only one who is able to take advantage of the exploitation rights" is wrong. UrhG § 31 (1) says: "Der Urheber kann einem anderen das Recht einräumen, das Werk auf einzelne oder alle Nutzungsarten zu nutzen (Nutzungsrecht)."

Also this is wrong: "the copyright itself cannot be transferred as long as the author is alive". Correct is (UrhG § 29) that the Urheberrecht is not transferable, which is a different thing. The copyright (right to copy = Nutzungsrechte) can be transferred.

Clapton bootleg CD case from 2021

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This bootleg CD litigation involving English rock guitarist Eric Clapton may warrant coverage here as a notable case? The woman involved could, under German copyright law, face a fine of up to £212,353 or six months in prison if she relists the offending CD on eBay again. Quite significant criminal penalties therefore. Here are a couple of english‑language citations in wikipedia (WCF) format:

  • Snapes and Oltermann (2021) on German copyright [1]
  • Burke (2021) on Clapton bootleg CD case [2]

The Guardian also ran these two stories quite prominently. With best wishes, RobbieIanMorrison (talk) 09:42, 23 December 2021 (UTC)Reply

References

  1. ^ Snapes, Laura; Oltermann, Philip (17 December 2021). "Eric Clapton wins legal case against woman selling bootleg live CD for £8.45". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 2021-12-17.
  2. ^ Burke, Kelly (23 December 2021). "Eric Clapton to waive legal costs against woman who attempted to sell single bootlegged CD". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 2021-12-23.