What are the differences between copyright and author's rights?
June 4, 2022 | 30,00 EUR | answered by Verena Friedendahl
Dear lawyer,
My name is Laura Schulze and I have a question regarding copyright law. I am an aspiring artist and regularly publish my works online. Lately, I have been hearing terms like copyright and intellectual property, but I am not entirely sure what the difference between the two is.
My current situation is as follows: I create images, videos, and music pieces and publish them on various online platforms. It is important to me to protect my works and ensure that nobody uses them without my permission.
Currently, I label my works with "Copyright Laura Schulze," but I am unsure if this is sufficient to protect my rights. I have heard that copyright applies in the USA, while intellectual property rights apply in Germany. But what does this mean for me as an artist?
My concerns are that my works may be used by others without my permission and I may not have the necessary legal means to address it. Therefore, I would like to know what specific differences exist between copyright and intellectual property rights and how I can best protect my works.
What options are available to me as an artist to ensure that my works are protected and that I can legally take action in case of infringement?
I thank you in advance for your help and advice.
Sincerely,
Laura Schulze
Dear Mrs. Schulze,
Thank you for your inquiry regarding copyright. As an emerging artist, it is understandable that you are concerned about protecting your works and ensuring that they are not used without your permission. It is important to understand the differences between copyright and author's rights in order to best protect your rights as an artist.
First and foremost, it is important to know that both copyright and author's rights essentially aim to protect intellectual property. However, the main difference lies in the legal recognition and application. Copyright is a term mainly used in the United States and refers to the author's right to reproduce, distribute, and publish their work. Author's rights, on the other hand, apply in Germany and regulate the rights of authors to their works.
In Germany, author's rights are automatically created upon the creation of a work, meaning you do not need to register or mark your work to possess author's rights. It is sufficient to have your name and the date of creation on the work. Author's rights protect your works from unauthorized use and give you the right to determine the use of your works.
The mention "Copyright Laura Schulze" on your works is generally a good measure to make it clear to third parties that they are copyrighted works. However, I recommend also using the symbol © to further indicate your author's rights. Additionally, you can register your works with a collecting society such as GEMA to better enforce your rights and potentially receive licensing fees.
In the event of a copyright infringement, you as the author have various legal options available. You can issue a warning, claim damages, or in extreme cases file for an injunction. It is advisable to seek legal assistance promptly in the event of a copyright infringement to effectively represent your interests.
In conclusion, I want to emphasize the importance of actively protecting your works and informing yourself about your rights as an author. I hope that my explanations have been helpful and I am available for further questions.
Sincerely,
Verena Friedendahl, Attorney at Law
