Work title

from Wikipedia, the free encyclopedia

Work titles are the names or designations of printed matter , films , audio works or other comparable works , e.g. B. Software names (Section 5 (3) Trademark Act). The work title enjoys trademark protection according to the Trademark Act (MarkenG) as a special form of business designation ( Section 5 (1) MarkenG).

requirements

To be worthy of protection, a title must have a minimum of distinctive character , so-called distinctive character. Distinctive character in the context of work title protection refers to the suitability of a title to distinguish one work from another. The title has the function as a means of individualization. Without distinctive character, the author has no defense claims against third parties who choose the same title ("love song"). The novelty of a word combination does not in itself constitute a sufficient distinctive character. Rather, a designation is to be refused registration as a trade mark due to the lack of any distinctive character if it has a descriptive conceptual content that is easily understood as such for the services in question and without any ambiguity.

Basis for Claims

Title protection can be guaranteed in four ways: through trademark law , competition law , general civil law ( § 12 BGB) or through copyright law . A prerequisite for protection by copyright law is that the title of a work is a partial service that can generally be protected by copyright. The established case law considers the possibility of copyright protection of titles to be generally permissible, but restricts the fact that a title does not normally have the necessary individuality and originality, as it usually consists of only a few words and is a short symbol for the musical work itself. Copyright is therefore unsuitable for protecting a title, so that title protection under trademark law is more effective, especially in commercial transactions. In the event of unpleasant competition, competition law can also serve as a means of defense.

There is an accessory nature between the work and its title ; both are initially inextricably linked. Accordingly, there could only be a likelihood of confusion between two works if they are on the market under their title. However, both jurisprudence and prevailing opinion are of the opinion that the object of protection of Section 5 (1) and (3), Section 15 of the Trademark Act is the title and not the work.

Emergence of protection

The protection for a work title arises when a work is brought into circulation. The protection of trademarks includes the exclusive right to a commercial designation (Section 15 (1) of the Trademark Act).

In order to protect the title before it is published (e.g. development and production), the right to so-called early work title protection can be made known through a title protection notice. This advertisement has the same effect for a limited time as the publication of the work. The planned work must, however, come onto the market within a “reasonable period”, otherwise the earlier work title protection will expire. The appropriate deadline depends on the type of work (for print media, for example, six months). Title protection advertisements can be published in the title protection gazette , in the title protection journal or in the title protection magazine in accordance with Section 5 (3) of the Trademark Act for a fee.

In the case of books, title protection advertisements can also be placed in the Börsenverein des Deutschen Buchhandels. There is also an arbitration board for disputes there. Title protection advertisements can also be placed directly on the Internet, but there is still no final judgment on their effectiveness.

Title rights abroad

In cases with international contact , the international conflict of laws applies.

Works of the cultural goods industry are often sold internationally; Pieces of music almost always have the same title; translations are common in films, books and other types of work. If a work is published at the same time in other countries with different copyright regulations, there are different legal consequences in different legal systems according to the protection country principle . In the UK, a title can in most cases be incorporated into another work as part of a protected work without being charged with substantial acquisition (16 (3) (a) of the Copyright, Designs and Patents Act 1988) . There are seven hit parade notes from the music title I Need You , without the underlying musical works being identical. In the USA, music and film works, including the words that accompany them, are protected (17 USC § 102 (a) (2)). The title is automatically protected with the work.

Web links

Individual evidence

  1. ↑ BGH GRUR 2002, 1083, 1084 - 1, 2, 3 im Sauseschritt
  2. ^ BGH GRUR 2003, 440, 441 - Winnetou's return
  3. ^ BPatG, judgment of July 29, 2008, Az .: 27 W (pat) 17/09 - Soul in the City
  4. ↑ Title of the work on jura-basic.de
  5. ^ Jan Klink / Edward Geldard, Titles in Europe: Trade Names, Copyright Works or Title Marks? In: EIPR 2004, p. 290 ( Memento of the original dated October 2, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.ruger-patent.de
  6. ↑ David Roberts (Ed.), British Hit Singles , 2000, p. 519