GERMANY Law and Practice Contributed by: Tanja Schienke-Ohletz, Flick Gocke Schaumburg
• The exploitation of the work (eg, licensing, publica - tion) requires the consent of all co-authors. • Changes to the work are also only permitted with the consent of all co-authors. • Each co-author is entitled to assert claims arising from infringements of the joint copyright, but can in principle only demand payment to all co-authors. • The proceeds from the use of the work are due to the co-authors in proportion to their contribution, unless otherwise agreed. • A co-author may waive their share of the exploita - tion rights; their share accrues to the others. 3. Protection Against Plagiarism 3.1 Legal Consequences of Copyright Infringement In the case of violation of the copyright on a piece of artwork, the author can sue for injunctive relief and damages. However, it is first necessary to issue a warning letter, the costs of which are borne by the potential infringer. Damages can be calculated according to the follow - ing criteria: either based on the infringer’s profits from the use of the artwork or the exploitation of the copy - right, or based on the specific damage, provided that this can be quantified, or based on a standard market licence fee. In some cases, immaterial damage can also be compensated. Copyright infringements can also have criminal law consequences, but criminal law protection is sub - ject to higher requirements; in particular, commercial exploitation in violation of third-party copyrights is punishable by law. In summary, copyright infringement leads to claims for injunctive relief, removal, damages and information, as well as possible criminal consequences, with the
tected works of literature, science and art include, in particular: • verbal works, such as written works, speeches and computer programs; • musical works; • pantomime works, including works of dance; • works of fine art, including works of architecture and applied art, as well as designs for such works; • photographic works, including works created in a manner similar to photographic works; • cinematographic works, including works created in a manner similar to cinematographic works; and • representations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and plastic representations. Works within the meaning of this Act are only personal intellectual creations. This means that copyright pro - tection only applies to works that represent an indi - vidual, creative achievement of the author. Registration A registration is not constitutive which means that the work is protected in the moment after being created by the author. However, an exception is the register for anonymous and pseudonymous works which is maintained by the German Patent and Trademark Office. An author or entitled party can register their authorship in order to prove their rights in the event of a dispute. Such a registration is voluntary and has a declaratory effect. 3.3 Resale Right German copyright law also includes a so-called droit de suite . This gives the author of a work the right to receive a share of the proceeds from further sales if an auctioneer or art dealer is involved as the purchaser, intermediary or seller. These rights are then usually asserted by so-called collecting societies (eg, VG Bild). It is inalienable and cannot be waived. The amount of remuneration is capped at amounts to a maximum of EUR12,500 per resale.
focus on civil legal protection. 3.2 Registering Artwork Protection
The German Copyright Act regulates protected works and the requirements for copyright protection. Pro -
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