The updat­ed 6th edi­tion of the copy­right com­men­tary “Praxiskom­men­tar Urhe­ber­recht” (Beck-Ver­lag) has recent­ly been pub­lished (eds. Wandtke/Bullinger). The update takes into account the exten­sive changes result­ing from the imple­men­ta­tion of the DSM Direc­tive 2019/790/EU and the Online Sat­Cab Direc­tive 2019/791/EU for Ger­man copy­right law. The UrhDaG and the Porta­bil­i­ty VO were new­ly included.

Our part­ner Dorothee Thum com­ments in par­tic­u­lar on

  • the relat­ed rights pro­tec­tion for pho­tographs (§ 72 UrhG)
  • the pre­sump­tions of author­ship and own­er­ship (§ 10 UrhG) as well as
  • the reg­u­la­tions on co-author­ship (§ 8 UrhG) and com­bined works (§ 9 UrhG)

In addi­tion, in the 6th edi­tion, Dorothee Thum has tak­en over the com­men­tary on the new­ly added § 68 UrhG, which imple­ments Art. 14 DSM Direc­tive on “Works of visu­al art in the pub­lic domain” into the Ger­man law. § 68 UrhG pre­vents, in imple­men­ta­tion of Art. 14 DSM Direc­tive, the pre­vi­ous­ly grant­ed re-monop­o­liza­tion of pub­lic domain visu­al works through relat­ed rights such as in par­tic­u­lar the Ger­man pro­tec­tion of pho­tographs accord­ing to § 72 UrhG. Visu­al works that are in the pub­lic domain may thus now be repro­duced freely, even if the basis of the repro­duc­tion is itself a pho­to­graph. Pro­tec­tion for repro­duc­tive pho­tographs of works of visu­al art which are not in the pub­lic domain, how­ev­er, is still right­ly grant­ed accord­ing to the gen­er­al rules.

Con­tact information:

Dorothee Thum
Tel.: +49–89-219996–0