Subsidiary right
Ancillary rights is a legal term from civil law , with which all security rights belonging to a claim are recorded. In copyright law , those rights are referred to as ancillary rights to which the author is entitled in addition to the right to the simple reproduction and distribution of his work .
General
The word ancillary rights indicates that they belong to a major right. Compared to the main right, secondary rights do not have any legal independence. They are therefore not independently transferrable insofar as they are legally dependent as an accessory or as mere auxiliary rights. Therefore, they share their legal fate with that of the main right. If the main right expires, the ancillary rights also expire; if the main right is transferred, the ancillary rights with the main right pass to the recipient.
civil right
General
When assigning claims, it must be asked what happens to the ancillary and auxiliary rights belonging to the claim. According to § 398 BGB , the new creditor (assignee) should, according to the will of the law, have the full creditor status of the previous creditor (assignor). After the assignment, nothing should remain with the assignor.
scope
Therefore, according to § § 412 , § 401 BGB, the ancillary rights named in § 401 BGB automatically pass to the assignee with the claim. These include mortgages , liens ( pledging , landlord lien , lessor lien , innkeeper lien ) and guarantees . Furthermore, the assignee receives all auxiliary rights that are necessary to enforce the claim. This includes, in particular, the right to information and billing , the issuing of account statements or the right to set deadlines . Preferential rights in insolvency can also be asserted by the new creditor in accordance with Section 401 (2) BGB. Independent design rights ( withdrawal , contestation , warranty for defects and termination ) are also transferred with the claim.
Not to the ancillary rights include the non-accessory independent security rights as retention of title , security assignment , mortgage , land charge , transfer of ownership , transfer of ownership of motor vehicles and guaranteed . They must be assigned separately to the assignee of the claim, even if, in accordance with the legal concept of § 401 BGB, the assignor is obliged under the law of obligations to transfer non-ancillary rights.
copyright
In publishing , the book-related ancillary rights include licenses for paperback editions , translations , book club editions, school editions, special editions, editions on electronic media and for preprinting. The ancillary rights outside the book include the rights to dramatization, dubbing, lecture and filming. The ancillary rights also include merchandising rights.
In the field of film, the term describes the rights to the products associated with a film work that are indirectly related to film exploitation, such as film soundtrack , merchandising items and so on. Ancillary rights also include rights to a remake , sequel, or prequel, or other uses of a film piece or theme.
Individual evidence
- ↑ Otto Palandt / Christian Grüneberg, BGB Commentary , 73rd edition, 2014, § 399 Rn. 10
- ↑ Otto Palandt / Christian Grüneberg, BGB Commentary , 73rd edition, 2014, § 398 Rn. 18th
- ↑ BGB - RGRK, The Civil Code , Volume II, 1978, § 774 Rn. 3
- ↑ Otto Palandt / Christian Grüneberg, BGB Commentary , 73rd edition, 2014, § 401 Rn. 4th
- ^ BGH WM 1973, 1793, 1794
- ↑ BGH NJW 1985, 615
- ↑ What is a main right, what is a subsidiary right? In: www.boersenverein.de. Retrieved August 21, 2016 .
- ↑ Ancillary rights. In: Lexicon of film terms. Hans Jürgen Wulff , accessed on August 21, 2016 .
- ^ Wolfgang Brehm: Film law. Handbook for practice (= Bastian Clevé (Hrsg.): Produktionspraxis . Vol. 8). 1st edition. Bleicher Verlag, Gerlingen 2001, ISBN 3-88350-908-6 .
