GERMANY Law and Practice Contributed by: Thomas Nägele, Steffen Henn, Anke Hofmann and Serpil Dilbaz, SZA Schilling, Zutt & Anschütz
Section 12 et seqq. CA states as moral rights the publication right, the right to be recognised as the author and the distortion right. Economic rights are listed in Section 15 et seqq. CA and grant the copyright owner several exclusive rights to economic exploitation of the copyright. These rights include reproduction, distribution, exhibition as well as all forms of communicat - ing the work to the public in non-physical form, especially via the internet. 3.5 Term of Protection and Termination In Germany, copyright generally expires 70 years after the author’s death. After the author’s death, these rights are typically transferred to heirs or other specified beneficiaries for the remainder of the 70-year term. 3.6 Collective Rights Management Systems In Germany, collective rights management for copyright works is primarily organised by col - lective management organisations (CMOs), often referred to as collecting societies ( Verw- ertungsgesellschaften or VG). These organisa - tions administer and enforce the copyrights of authors and other right-holders collectively. They typically cover various sectors, including music, publishing, visual arts, and more. In particular, these collecting societies collect royalties on behalf of their members for the use of their works, negotiate and enter into licence agreements with users of copyrighted works. Furthermore, they monitor how the works are being used, identify potential infringements, and take legal action when necessary to protect the rights of their members. 3.7 Copyright Registration There is no necessity or possibility to register a copyright as such in Germany. There is no “cop -
yright register” in Germany. A “copyright office” does not exist either. 3.8 Copyright Application Requirements
See 3.7 Copyright Registration . 3.9 Refusal of Registration See 3.7 Copyright Registration . 3.10 Related Rights
Copyright and trade mark protection serve dis - tinct purposes and grant different rights. None - theless, copyrighted works can be registered as trade marks if they fulfil the respective applica - tion requirements (distinctive sign). 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Trade mark rights may accrue by virtue of regis - tering a trade mark. However, unregistered trade marks may also be protected (see 4.4 Applica- tion Requirements ). 4.2 Trade Mark Register All types of trade marks and other registered signs are published in the German Trade Mark Register which is administered by the DPMA. The register, which contains any signs applied for, registered, refused or cancelled, is freely available online in German and English. Regis - trations of trade marks are also published in the official electronic Trade Mark Journal ( Markenb- latt ) which is issued weekly. Before filing a trade mark application, it is usual practice to search for prior or colliding trade marks, in particular in the trade mark register.
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