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    • Please note: the German version of this document is the only official version accepted by LoVD. The following translation of the German version is provided as a concession and it is not accepted by LoVD. LoVD does not guarantee the quality and accuracy of this translation.


      Artistic photographs as photographic work

      In accordance with § 2 par. I Nr. 5 UrhG photographic work and works that are created like photographic work are copyrighted. These have to be crafted by using photographic procedures and production design elements. In this case also, the work must represent a personal intellectual creation. Under this work term the manufacturer of photos enjoys law related performance protection according to § 72 UrhG. The rights of the photographer become stature-barred 50 years after appearance and crafting of the picture.

      If they fulfil the conditions the UrhG establishes they are entitled to several rights as creator of their website.

      This protection evolves independently of the usage of a copyright-endorsement. In Germany it has only declarative character. If they fulfil the above mentioned qualification the protection of the copyright, naturally also applies if they did not attach a copyright note on their pages.

      The rights of the copyright owner are regulated by §§ 11 ff. and differentiate between moral rights (§§ 12-14 UrhG) and exploitation rights § 12 UrhG.

      It is entitled to the author to decide whether and how his/her work is published.
      Right to copyright designation § 13 P. 2 UrhG

      Accordingly, the originator of a creation can determine whether and how this creation is to be provided with an author designation.

      Ban for distortions, § 14 UrhG

      The originator can forbid further distortions or other manipulations of his creation if they go against his/her legitimate interest in the creation.
      Right of Reproduction, § 16 UrhG

      Reproduction is best defined in legal terminology as: ‚the creation of stipulations suitable to make the creation repeatedly directly/indirectly perceivable to human senses in one way or another.’
      Examples are the download and upload of data or the loading into the main memory
      No altering without their consent.

      In principle, the processing according to § 23 S.1 UrhG does not yet require the agreement of the producer. The agreement is to be obtained only before publication or utilization. However, with data base works § 23 S.2 UrhG already provides consent of the producer for the processing.

      However there is an exception, namely the free use of the work according to § 24 UrhG. This occurs if the original work is the basis of the design but in the bottom line something completely new and separate arises from it. This free use is to be tolerated by the creator.

      Demands following violation of law

      If your rights as creator are violated possible requirements result according to §§ 97 ff UrhG.

      In accordance with § 97 Abs. 1 UrhG the entitlement to removal or omission of the manipulation is given. The entitlement to removal and at the risk of recurrent infringement of forbearance can be enforced with a declaration to cease and desist enforced by penalty. In the event of warning legality the violator has to bear the costs of the prosecution.

      Furthermore damages can be claimed. The claim for damages can either be rated concretely by size, gains obtained by the violator, or payment of an adequate licence fee can also be demanded. Since it will often be difficult for the injured to estimate the exact damage, he is entitled to information about the amount of the infringement and accounting.

      Furthermore according to § 98 UrhG there are entitlements to destruction or surrendering of the copy, as well as rights to be informed about the origin of the copies according to § 101a UrhG.

      According to § 102 UrhG claims become statute barred 3 years since gaining knowledge of the infringement. Without this knowledge, period of prescription is 30 years.


      All texts have been translated by HopeK

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