Overview | ||
Taskforce reviewers | Armin Talke (German Digital Library, legal advisor), email address | |
‘Other photographs’ related rights | Yes | |
Overview | ||
Scope | ||
Retroactivity | Yes | |
Statutory Law | Source language | English |
Provision on copyright | Section 2: Protected works, Act on Copyright and Related Rights (Urheberrechtsgesetz, UrhG) | |
Revised provision on copyright | ||
Comments / analysis | ||
Provision on related rights for “other photographs” | Section 72: Photographs Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG) (gesetze-im-internet.de) (1) The provisions of Part 1 applicable to photographic works apply accordingly to photographs and products manufactured in a similar manner to photographs. (2) The photographer is entitled to exercise the right under subsection (1). (3) The right under subsection (1) expires 50 years after the photograph was released or, if its communication to the public occurred earlier, 50 years thereafter, although the right already expires 50 years after production if the photograph was not released or legally communicated to the public within this period. The period is to be calculated in accordance with section 69. | |
Revised provision on related rights for “other photographs” | Section 68: Reproductions of works of visual arts in public domain Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG) (gesetze-im-internet.de) Reproductions of works of visual arts in public domain Reproductions of works of visual arts in the public domain are not protected by related rights under Parts 2 and 3. | |
Comments / analysis | Completely new implemented and in force since June 7, 2021. Section 68 is retroactive. Not protected are: (1) Reproductions of public domain visual artworks made after copyright expiry; and (2) Reproductions of visual artworks from the moment of the original´s copyright expiry, even if the reproduction was made before expiry. | |
Case Law | Source language | English |
Originality in photography | ||
Takeaways | ||
Limitations for CHIs | ||
Reflections | ||
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Open GLAM Examples | ||
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