All rights reserved
" All rights reserved " ( English : All rights reserved ) is a sentence from the Anglo-Saxon copyright (English copyright ), which is attached to works protected by copyright.
origin
The phrase goes back to the 1910 Buenos Aires Agreement between the United States of America and 19 Latin American states . The agreement required in its No. 3 the marking of the work with the copyright reservation so that it enjoys copyright protection. Only in this case would all rights granted by copyright (e.g. the right to publish a work in a certain area) remain with the rights holder, who could take legal action against a copyright infringement .
The later Bern Convention for the Protection of Works of Literature and Art of 1886 in its Paris version of July 24, 1971 abandoned this view. Today, works are subject to copyright protection even without an express reservation notice. Factory security comes into play with the mere act of creation. Since Nicaragua joined the Berne Agreement on August 23, 2000, all contracting parties to the Buenos Aires Agreement have also been parties to the Berne Agreement, so that the reservation provided for in No. 3 of the Buenos Aires Agreement has become obsolete.
Today's meaning
Nevertheless, the note (consisting of the word “Copyright” or the symbol © with the addition of the year of first publication and the full name of the rights holder) is still widespread today. It is advantageous for the prosecution of rights in the USA, as it is associated with a presumption of copyright and an exemption from the obligation to advance costs for legal proceedings as well as higher damages.
In Germany, in a practically insignificant case, there is the possibility of removing a barrier to copyright by means of a declaration of reservation and thus regaining full enjoyment of copyright law ( Section 49 (1) UrhG): Should a newspaper article or radio broadcast containing a comment on political, economic or religious issues of the day, printed and reproduced in another newspaper or reproduced in another broadcast medium, this is generally permitted as a limitation of copyright without the consent of the author; unless a reservation of rights has been declared. However, such declarations of reservation are rare in practice.
literature
- Text of the Buenos Aires Convention of 1910 (PDF; 71 kB), accessed on July 2, 2020
- Text of the Bern Convention of September 9, 1886 for the Protection of Works of Literature and Art in the revised version of Paris of July 24, 1971 ( Federal Law Gazette 1973 II p. 1069, 1071 ), (PDF; 7.94 MB), accessed on March 22, 2015.
See also
- Creative Commons with the motto Some rights reserved
Individual evidence
- ↑ Rehbinder, Copyright, 16th edition 2010, marginal no. 157 (p. 71).
- ↑ Rehbinder, Copyright, 16th edition 2010, marginal no. 160 (p. 72).
- ↑ Rehbinder, Copyright , 16th edition 2010, marginal no. 507 (p. 199).
