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.