BAG: Copyright remuneration – editors of magazines

The Federal Labor Court (BAG) has ruled that even after the termination of an employment relationship, the courts for employment matters have jurisdiction for civil disputes between employees and employers which, as copyright disputes arising from employment relationships, relate exclusively to claims for payment of agreed remuneration. In addition, it found that Section 12 No. 7 (1) of the General Collective Agreement for Magazines (MTV) limits the use of the copyright transfer without remuneration to the objects for which the editor is or was active in accordance with his employment contract and to the use of the texts written by the editor in archives and databases. Only this – quasi activity-related – use of copyright is “compensated” with the remuneration (BAG, judgment of March 27, 2019, Ref.: 5 AZR 71/18 – to the full text of the decision). full text of the decision).

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