Law on the copyright in works of the fine arts and photography
| Basic data | |
|---|---|
| Title: | Law on the copyright in works of the fine arts and photography |
| Short title: | [Art Copyright Act] not officially |
| Abbreviation: | [KunstUrhG] or [KUG] not officially |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | civil right |
| References : | 440-3 |
| Issued on: | January 9, 1907 ( RGBl. 1907, p. 7) |
| Entry into force on: | July 1, 1907 (Section 55 (1) KUG) |
| Last change by: |
Art. 3 § 31 G of February 16, 2001 ( Federal Law Gazette I p. 266, 280 ) |
| Effective date of the last change: |
August 1, 2001 (Art. 5 G of February 16, 2001) |
| Expiry: | (partially) January 1, 1966 §§ 141 No. 5, 143 Abs. 2 UrhG ( Federal Law Gazette 1965 I p. 1273, 1293 ) |
| Weblink: | Full text of the law |
| Please note the note on the applicable legal version. | |
The law on the copyright to works of the fine arts and photography , or KUG for short , was enacted in Germany on January 9, 1907.
The law from 1907 has no official abbreviation, but is colloquially referred to as the Art Copyright Act or Art Copyright Act .
The term of protection of the copyright for a work of the visual arts according to § 25 KUG was extended on December 13, 1934 from previously 30 to 50 years thereafter (law to extend the term of protection in copyright of December 13, 1934 (RGBl. II p. 1395)) ; The event that triggered the deadline was the death of the author.
The term of protection of the copyright for photographs according to § 26 KUG was extended on May 12, 1940 from the previous 10 to 25 years thereafter (law for the extension of the term of protection for the copyright of photographs of May 12, 1940 (RGBl. P. 758)). The triggering event in time was the time of the appearance of the work; except that the work had not yet appeared during the author's lifetime.
The above extensions also applied to works that were still protected at the time the laws came into force, i.e. H. for those for whom the term of protection had not yet expired.
In Germany, copyright is now summarized in the Copyright Act of September 9, 1965. The Art Copyright Act was largely repealed on January 1, 1966. The part that concerns the protection of images ( right to one's own image ) is in force, more precisely: §§ 22, 23, 24, 33, 37, 38, 42, 43, 44, 48 and 50 KunstUrhG.
With regard to the 25-year protection period for the photographs, which are now referred to as photographs - apart from the calculation of the period - there were initially no changes due to the Copyright Act of 9 September 1965. As shown in the official justification, the protection period was the same as for other works provided, not considered necessary. Furthermore, this would require the demarcation between photographic works and simple photographs , which is then regularly required in practice , which would lead to extraordinary difficulties.
Currently only §§ 22 ff. Are relevant for the right to one's own image .
literature
- Thomas Haug: Photo coverage of celebrities. With special consideration of the admissibility of the judicial assessment of the informational value of media reports. Nomos, Baden-Baden 2011, ISBN 978-3-8329-6528-0 .
- Carsten Rasch: Jurisprudence on the Art Copyright Act. Hamburg 2015, ISBN 978-3738642957 .
Web links
- Fromm / Nordemann: Art Copyright Act KUG 1907. In: frommnordemann.de. June 18, 2014, accessed on November 25, 2016 (full text of the version valid until 1966, including changes since then).
- ECHR, Grand Chamber, judgment of February 7, 2012, Az. 40660/08 and 60641/08 ( Von Hannover II ), Kommunikation und Recht 2012, 179 ff.
- ECHR, Grand Chamber, judgment of February 7, 2012, Az. 39954/08 ( Axel Springer AG ), Kommunikation und Recht 2012, 187 ff.
- Thomas Haug, landmark judgments of the ECHR on press law - final defeat for Princess Caroline , communication and law, Editorial 3/2012
