Change prohibition

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In copyright law, a prohibition of changes is a restrictive provision for the use of certain works. A change prohibition forbids making changes to the work and comes into effect if the work may be used without the consent of the author or rights holder, making use of certain copyright restrictions . The aim of the change prohibition is to balance the interests of the author or rights holder and the user of the work.

German legal situation

content

§ 62 UrhG regulates the permissible scope of changes in the context of the legally permitted use of a work: The standard makes it clear that the protection of the copyright personal interests of the author against encroachments on the work's integrity not only in general ( § 14 UrhG) and within usage contracts ( § 39 UrhG) applies, but must also be observed when using within the framework of the legal restrictions.

Paragraph 1 contains - for the entire area of ​​copyright barriers - the principle that no changes may be made. Changes to which the author cannot refuse his consent in good faith are, however, permitted ( Section 62 (1) sentence 2, Section 39 UrhG). The ban on changes is therefore not absolute, but is itself the subject of a weighing of interests. Some barriers are almost only conceivable in conjunction with making certain changes, such as the inclusion of a work of art in an exhibition catalog ( § 58 UrhG), which will be accompanied by a change in dimensions. A typical example of a change that is permissible in good faith is also present when a formulation is reproduced in the indirect speech with reference to the freedom to quote ( § 51 UrhG). On the other hand, it should be borne in mind that the interests of the users of the work in the assessment according to § 62 UrhG, according to the prevailing view in literature, are to be assessed more restrictively than in the context of § 39 UrhG, because the author is already using the use (let alone the change) has not specifically permitted.

According to Paragraph 2, translations , excerpts and transcriptions into a key or pitch may be made, provided the purpose of use requires this. Paragraph 3 specifies for works of the visual arts and photographic works that transfers to a different size and such changes are permissible that are caused by the reproduction process. Finally, Paragraph 4 contains special provisions for collections for religious use, uses for teaching and teaching and for use in teaching and teaching media. Since 2017, changes in the use for teaching and teaching ( § 60a UrhG) as well as for teaching and teaching media ( § 60b UrhG) are no longer subject to consent if the changes are clearly identified (Paragraph 4, Clause 4).

scope of application

Section 62 covers the use of works within the scope of Section 6 of the Copyright Act (“Limitations of Copyright”), i.e. Sections 44 ff. In addition, the prohibition of changes also applies to limitations in the area of related property rights , which refer to the provisions in Section 6 (in Individual sections 70 (1), 71 (1) sentence 3, 72 (1), 83 , 85 (4), 87 (4), 87g (4) sentence 2, 94 (4), 95 in conjunction with . 94 para. 4 of the Copyright Act). Although it belongs to Section 6, the prevailing opinion of the literature is that the prohibition of changes should not apply to privileged exploitation activities that take place in the private sphere (in particular as private copies in accordance with Section 53 (1) UrhG). This also prevents a contradiction in valuation to Section 23 (2) UrhG, which (in reverse) contains the principle of freedom of manufacture of processing or other redesign.

Since § 61 old version (compulsory license for the production of phonograms) was brought forward in § 42a UrhG, the prohibition of changes in § 62 UrhG is accordingly no longer applicable. Finally, § 5 UrhG ( official works ) refers in paragraph 2 to the prohibition of changes and takes a special position because these works are otherwise unprotected by copyright; this is taken into account by the formulation of Section 5 (2), according to which Section 62 of the Copyright Act is to be applied “accordingly”. Indeed, in the case of official works, there is also a lack of the copyright-personal dimension of the prohibition of changes, as it is not the responsibility of the author, but the legal entity of the authority in question.

Austria

Section 57 (1) UrhG stipulates: The admissibility of abbreviations, additions and other changes to the work itself, to its title or to the author's designation is also to be assessed in the case of free use of the work according to Section 21. The meaning and essence of the work used must not be distorted under any circumstances.

literature

  • Hans Grohmann: The right of the author to prevent distortions and changes to his work . Diss., Univ. Erlangen-Nuremberg. 1971.

Remarks

  1. ↑ Schulze in Dreier / Schulze, UrhG , 6th edition 2018, § 62 Rn. 1.
  2. ↑ Dietz / Peukert in Schricker / Loewenheim, Copyright , 5th edition 2017, § 62 Rn. 1.
  3. ↑ Dietz / Peukert in Loewenheim, Handbook of Copyright Law, 2nd edition 2010, § 16 Rn. 95.
  4. ↑ See Dietz / Peukert in Schricker / Loewenheim, Copyright , 5th edition 2017, § 62 Rn. 11.
  5. ↑ Dietz / Peukert in Schricker / Loewenheim, Copyright , 5th edition 2017, § 62 Rn. 9; Dreyer in Dreyer / Kotthoff / Meckel, Copyright , 3rd edition 2013, § 62 Rn. 20th
  6. ↑ Schulze in Dreier / Schulze, UrhG , 6th edition 2018, § 62 Rn. 23a.
  7. ↑ Dietz / Peukert in Schricker / Loewenheim, Copyright , 5th edition 2017, § 62 Rn. 5.
  8. ↑ Bullinger in Wandtke / Bullinger, Copyright, 4th edition 2014, § 62 Rn. 4; Dietz / Peukert in Schricker / Loewenheim, copyright , 5th edition 2017, § 62 marginal no. 10; Schulze in Dreier / Schulze, UrhG , 6th edition. 2018, § 62 Rn. 8th.
  9. ↑ Bullinger in Wandtke / Bullinger, Copyright, 4th edition 2014, § 62 Rn. 4; Schulze in Dreier / Schulze, UrhG , 6th edition. 2018, § 62 Rn. 8th.
  10. ↑ Dreyer in Dreyer / Kotthoff / Meckel, Copyright , 3rd edition 2013, § 62 Rn. 10; Dietz / Peukert in Schricker / Loewenheim, copyright , 5th edition 2017, § 62 marginal no. 7th
  11. ↑ Katzenberger / Metzger in Schricker / Loewenheim, copyright , 5th edition 2017, § 62 marginal no. 89.
  12. ↑ Katzenberger / Metzger in Schricker / Loewenheim, copyright , 5th edition 2017, § 62 marginal no. 89.