Paul W. Hertin

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Paul W. Hertin, 2009

Paul Wolfgang Hertin (born November 15, 1940 in Bonn ) is a German university professor, lawyer and notary a. D. He is the author, editor, and commentator of standard copyright works in the field of intellectual property .

biography

After graduating from the Jesuit college in Bonn - Bad Godesberg , he studied law at the universities of Freiburg, Innsbruck and Münster. 1966 to 1969 legal clerkship with the President of the Supreme Court in Berlin, 1969 doctorate at the Westphalian Wilhelms University in Münster .

Hertin is married and has two daughters.

Professional career

After completing his studies, Hertin stayed in Berlin and was accepted into the Nordemann copyright law firm. He worked significantly on the standard commentary on copyright Fromm / Nordemann up to the 9th edition in 1998. After Wilhelm Nordemann left , the firm was continued under the name Hertin law firm .

In 1972 Hertin became a lecturer and in 1989 honorary professor at the University of the Arts in Berlin (UdK) in the department of social and economic communication (Institute for Practice and Theory of Communication). For a while, he also worked as a lecturer in media law at the Film and Television Academy (HFF) , department of film and television production, Potsdam-Babelsberg .

Hertin is a member of the specialist committee on copyright and publishing law of the German Association for Intellectual Property and Copyright Law (GRUR) and the intellectual property committee of the German Bar Association (DAV), as well as chairman of the specialist lawyers' committee for information technology law of the Berlin Bar Association (until 2010).

Cases and topics (selection)

Hertin vs. Schricker

In 1996, Gerhard Schricker argued in an essay that advertising concepts should be viewed as a separate type of artistic work and that they should be granted copyright protection as sui generis intellectual and creative works . Hertin countered this, saying that only in their designed, coagulated form, could advertising concepts acquire copyright protection - the introduction of a separate type of work would not be necessary. The professional world followed Hertin's view with a large majority; This legal position subsequently gained importance far beyond the field of advertising and was included, for example, in the groundbreaking broadcast format decision of the BGH.

Pros and cons of sampling

In another controversy - carried out v. a. with Thomas Hoeren - Hertin took a position on the still explosive question of whether the so-called sampling, the takeover of the smallest parts of a sound carrier that are not in themselves copyrightable, is permissible under copyright law or not. Hertin answered the question in the negative and the BGH agreed with his view. This position is not without controversy and is still discussed controversially outside of the legal sphere.

Grass against the FAZ

In this case, which went through the media because of the discussion about Günter Grass 'Nazi past, the discussion was whether copyright and personal rights protect Grass' letters from unauthorized publication, or whether in this case the public interest prevails, how the FAZ led the field. Hertin successfully asserted that authors must, in principle, reserve the right to determine their unpublished correspondence themselves. However, to derive the absolute priority of copyright over other interests from this, as was done in reception, would even counter constitutional concerns.

Fair remuneration (1)

The "Mauerbilder" case, which led to the BGH, also met with great public interest. Here the German state had made a profit of 1.8 million DM by auctioning a painted piece of the Berlin Wall. Hertin argued that a significant part of the proceeds went to the artists. The BGH agreed with this view and awarded the artists represented by Hertin (after deducting the “historical value” as part of the sales proceeds) a copyright fee of DM 700,000.

Fair remuneration (2)

For the copyright reform of 2002, which has also been legally anchored in the law of authors, to appropriate remuneration ( § 32 UrhG ), Hertin stepped into the breach in an essay in 2011, after increasing tendencies had been observed in previous years, this claim due to the postulate of one not to soften the adaptable part of the copyright or to reverse it through the back door. Hertin, on the other hand, advocates the uniformity of copyright remuneration and argues that splitting them up contradicts fundamental principles of copyright law (rule of transfer of purpose). Independently of this and almost at the same time, the BGH came to the same conclusion in the decision "Das Boot" (Hertin's and BGH's justifications complement each other).

Fonts (selection)

As an author

  • with Wilhelm Nordemann and Kai Vinck: Copyright: Commentary on the Copyright Act and the Copyright Administration Act; with the texts of the copyright laws of Austria and Switzerland . Kohlhammer, Stuttgart, Berlin, Cologne, 1998, ISBN 3-17-015018-9
  • with Wilhelm Nordemann and Kai Vinck: International Copyright and Neighboring Rights Law. Commentary with special emphasis on the European Community . Verlag CH Beck, 2000, ISBN 978-3170197718
  • Right . In: Handbuch der Musikwirtschaft . Edited by Rolf Moser and Andreas Scheuermann, Joseph Keller Verlags AG, Starnberg, Munich, 2003, ISBN 978-3780801883
  • Copyright . Verlag CH Beck, Munich, 2008; ISBN 978-3-406-56604-2
  • Model contracts and their comments on music, film, radio / television and video . In: Munich contract manual . Volume 3: Business Law II (edited by Prof. Dr. Rolf A. Schütze and Prof. Dr. Lutz Weipert), Verlag CH Beck, 2009
  • Unfair competition law, commentary on the law against unfair competition (UWG) . Edited by Prof. Dr. Karl-Heinz Fezer, 2 volumes, Munich, 2010, ISBN 978-3-406-57895-3

As editor

  • Ernst-Joachim Mestmäcker, Erich Schulze: Commentary on German copyright law . Edited by Paul W. Hertin, Marcel Schulze, Michel Walter, Luchterhand Verlag, Neuwied, Loseblattslg., December 2005

literature

  • Festschrift for Paul W. Hertin on his 60th birthday, Verlag CH Beck, Munich 2000, ISBN 9783406469039

Web links

Individual evidence

  1. ^ Fromm / Nordemann: Copyright, Kohlhammer Verlag, 9th edition 1998 (co-author since 1973); ISBN 978-3170150188
  2. ↑ Gerhard Schricker, The copyright protection of advertising creations, advertising ideas, advertising concepts and advertising campaigns, GRUR 1996, 815ff
  3. ↑ Paul W. Hertin, On the copyright protection of advertising services with special consideration of advertising concepts and advertising ideas, GRUR 1997, 799ff
  4. ↑ BGH I ZR 176/01 of June 26, 2003
  5. ↑ Hoeren, GRUR 1989 580ff; Hertin, GRUR 1989, 578; GRUR 1991, 722, 730 f .; see. also: Fromm / Nordemann / Hertin, copyright, 9th edition, § 85 UrhG marginal number 8
  6. ↑ BGH I ZR 112/06 of November 20, 2008
  7. ^ Controversy over SS confession: Grass attacks the "FAZ". In: Spiegel Online . October 6, 2006, accessed June 10, 2018 .
  8. ↑ http://www.bundesverfassungsgericht.de/entscheidungen/rk19991217_1bvr161199.html
  9. ↑ u. a .: Ronny Heidenreich, Die Mauer-Dealer in: Cicero, from July 22, 2009
  10. ↑ BGH I ZR 68/93 of February 23, 1995
  11. ↑ Loewenheim / v. Becker, Handbook of Copyright, 2nd ed. § 29 Rn. 106; Czychowski, Nordemann: Supreme Court Jurisprudence and Legislation in Copyright 2010 and 2011. In: NJW 2012, 732, 737
  12. ^ Paul W. Hertin, Wages and Appropriate Remuneration, GRUR 2011, 1065 f
  13. ↑ BGH I ZR 127/10 of September 22, 2011
personal data
SURNAME Hertin, Paul W.
ALTERNATIVE NAMES Hertin, Paul Wolfgang
BRIEF DESCRIPTION German lawyer, notary and university professor for media law
DATE OF BIRTH November 15, 1940
PLACE OF BIRTH Bonn