Originator
An author or creator is a person that something new has created, especially in the field of art or science . In general, the term refers to a person who is main cause something related draws , acts cause or incurred, or as an instigator, founder, writer, author or originator.
Etymology (word origin)
The word originator (with the basic meaning “causer”, to “lift”, originally “to lift, to lift”, and related to the Latin capere “to grasp”) has been used in German since the 15th century . It is a New High German derivation of the Middle High German urhap ( Old High German urhab ) with the meanings "beginning", "cause" and "origin". In developing the meaning of the word, the Latin word auctor (“initiator”, “instigator”) played an important role, as the author was used as its translation. The composition copyright arose in the 19th century .
Copyright copyright
According to § 7 UrhG, the author within the meaning of the German Copyright Act is a human creator who, in particular in the field of literature, art, music or science , has created a work that represents his own spiritual, material, intellectual, at least personal creation , and which can be sensed as such. A personal creator is someone who has been productive as an author , writer , publisher of a collective work , painter , sculptor , medalist , composer , choreographer , fashion designer or inventor .
No author is the creator of the idea or initiator of a work, since the idea for a work is not a creation under copyright law. The copyright that has arisen for the author through creation is an absolute right that can not be transferred (cf. Section 29 (1) UrhG). The copyright always remains in place and cannot be discarded by the author. The author can only be a natural person . The right to recognition of authorship is at the core of moral rights.
According to § 134 UrhG, the provisions of the old LitUrhG and the old art copyright law , according to which legal persons could also be authors, only apply to old cases. If several people have created a coherent work together, they are considered to be co-authors of this work according to § 8 UrhG.
Historical criminal law
Historically, the author also existed in German criminal law : the author of the crime ( auctor delicti ), in contrast to the assistant ( socius delicti ), was understood to mean the person in whose person and act the offense of the crime is completely united in both objective and subjective terms finds.
The intellectual originator was someone who thought up and prepared an act, but left it to someone else, to that extent he was the instigator .
See also
- Copyright law (international)
literature
- Originator who . In: Johann Christoph Adelung (Hrsg.): Grammatical-critical dictionary of the High German dialect . tape 4 : Seb-Z . Breitkopf, Leipzig 1801, p. 961-962 ( zeno.org ).
Web links
Individual evidence
- ↑ a b author. In: Digital dictionary of the German language . Retrieved on September 19, 2018 "someone who has created something, especially in the field of literature, art, music or science, creator".
- ^ Friedrich Kluge , Alfred Götze : Etymological dictionary of the German language . 20th edition. Edited by Walther Mitzka . De Gruyter, Berlin / New York 1967; Reprint ("21st unchanged edition") ibid 1975, ISBN 3-11-005709-3 , p. 295 ( lift ) and 808 ( author ).
- ↑ Duden: Etymology. Dictionary of origin of the German language. 2nd edition, Dudenverlag, 1989, Lemma author.
- ^ Originator (author) . In: Meyers Großes Konversations-Lexikon . 6th edition. Volume 19, Bibliographisches Institut, Leipzig / Vienna 1909, p. 959 .
- ↑ Intellectual author . In: Meyers Großes Konversations-Lexikon . 6th edition. Volume 9, Bibliographisches Institut, Leipzig / Vienna 1907, p. 881 .
