The author has a number of exclusive rights that are regulated by copyright law in Sections 12-27 UrhG. On the one hand, these include the so-called moral rights of the author, which are regulated in Sections 12 – 14 UrhG. On the other hand, the author alone is also entitled to the (economic) exploitation rights to his work. In order for third parties to be able to use a work, they usually have to acquire a right of use from the author. This is done by means of so-called licenses.
The fact that both moral rights and exploitation rights are usually non-transferable serves to protect the author. It is intended to ensure that the author receives remuneration for the use of their work. Rights are only transferred to the author’s legal successor in the event of death.
What copyright exploitation rights are there?
Section 15 of the Copyright Act distinguishes between so-called tangible and intangible exploitation rights. However, this is mainly for historical reasons and is not relevant in practice.
The physical exploitation rights are e.g:
- the reproduction right, § 16 UrhG
- the distribution right, § 17 UrhG
- and the exhibition right, § 18 UrhG
The intangible exploitation rights are summarized under the collective term “right of communication to the public”. This includes significantly more rights, e.g:
- the right of presentation, performance and performance rights, § 19 UrhG
- the right to make available to the public, § 19a UrhG
- the broadcasting right, § 20 UrhG
- the right of reproduction by means of image or sound carriers, § 21 UrhG
- and the right of reproduction of radio broadcasts and of making available to the public, Section 22 UrhG
However, this enumeration of the law is to be regarded as exemplary. This is because Section 15 assigns all exploitation rights to the author, including those that are not explicitly listed. In particular, this also includes the so-called innominate cases, i.e. previously completely unknown exploitation rights. This is intended to take account of rapid technological progress and ensure that the author can (economically) participate in all uses of his work.
How are rights of use transferred under copyright law?
For most authors, the transfer of rights of use for the commercial exploitation of the work is part of everyday practice. This is because hardly any authors can or want to fully exploit their exploitation rights themselves. Rights of use are transferred by means of so-called licenses. The basis is therefore a licensing agreement. The Copyright Act also contains some special provisions on the granting of rights, which can be found in Sections 31 – 44 UrhG.
Section 31 para. 1 UrhG contains the principle that and how a right of use can be granted:
“The author may grant another person the right to use the work in any or all ways (right of use). The right of use may be granted as a simple or exclusive right and may be limited in terms of territory, time or content.”
§ Section 31a also stipulates that an author can also grant rights in advance for as yet unknown types of use (the innominate cases mentioned above). However, such licenses are subject to special requirements, such as the written form that is usually required.
What restrictions are possible for the transfer of copyright usage rights?
It follows from § 31 para. 1 UrhG, the author can license the rights of use not only collectively, but also individually and in various limited ways. A distinction must be made here between various cases and possibilities:
- Simple and exclusive right
- spatial restriction
- Time limit
- Content restriction
The difference between a simple and an exclusive right of use is clarified in the law in § 31 para. 2 and 3 UrhG: Anyone who receives a simple right of use may not exclude others from similar uses. Anyone who has an exclusive right of use, on the other hand, may typically exercise this right alone and also pass this right of use on to others (sublicense). It can, but does not have to, be agreed that the author himself is not excluded from the use and may also continue to use the work himself.