Distortion (copyright)
The distortion is a form of copyright infringement by alteration or unauthorized use of a copyrighted work.
The author has the right to prohibit a distortion or any other impairment of his work that is likely to endanger his legitimate intellectual or personal interests in the work ( § 14 UrhG ). In copyright law, the prohibition of distortion does not belong to the exploitation rights , but to the inalienable moral rights .
Indirect interventions can also be prohibited as other impairments , e.g. B. if the work is brought into a factual context that runs counter to the legitimate interests of the author.
The protection against distortion for authors of cinematographic works only applies to a limited extent . According to § 93 UrhG, these can only prohibit gross distortions or other gross impairments of their works or services with regard to the production and exploitation of the film. In contrast, the film manufacturer has the right to prohibit any distortion or shortening of the image carrier or image and sound carrier that is likely to jeopardize its legitimate interests in it ( § 94 UrhG).
Examples
A prominent example of a successful distortion suit is that of the architect Meinhard von Gerkan against Deutsche Bahn . Gerkan successfully opposed a modification of his design for Berlin Central Station during construction after the railway had a flat interior ceiling installed instead of the interior ceiling construction planned by Gerkan.
The higher regional court in Frankfurt am Main saw the Oi! -Band SpringtOifel no longer given the extensive rights of exploitation granted when the label Metal Enterprises put the band's songs together with tracks from clearly neo-fascist music groups on a sound carrier.
Web links
- copyright.org
- Convention for the Protection of Literary and Artistic Works in the English-language Wikisource
Individual evidence
- ^ Dietz in Schricker : Copyright . . Edition. 1999, § 14 Rn. 33.
- ↑ so also: OLG Hamm, judgment of April 12, 2011 , Az. I-4 U 197/10, full text.
- ^ Decision of the LG Berlin LG Berlin, 11/28/2006 - 16 O 240/05
- ↑ Honscheck, The protection of the author against changes and distortions by the owner, GRUR 2007, 944 ff.
- ↑ OLG Frankfurt, decision of December 20, 1994, Az. 11 U 63/94; GRUR 1995, 215.
