In Germany, The German Act on Copyright and Related Rights (GCA) dictates copyright laws. Under these laws, the author has the exclusive right to reproduce, perform, derive and display the work, much like in the US.
To be eligible for copyright, a work must meet the requirements of originality, which are minimal. These rights are split into two categories: moral and economic.
- Moral rights to a work means that the author has the right to be attributed or left anonymous, and also that the author has the right to maintain the integrity of the work.
- Economic rights means that the author is entitled to any money made from the work they created.
If a work meets the requirements of originality, it is eligible for copyright protection. Germany doesn’t have a system for registering works a creator wishes to be copyrighted, and the GCA doesn’t have an exhaustive list of categories under which works can fall under. However, the types of works covered under copyright law mirror those in the U.S., including but not limited to written works, plays, music and more. Unlike in the U.S., in Germany, the protection of a work extends for 70 years after the creator’s death, regardless of category.
The concept of “work for hire” is absent from copyright law in Germany. The creator of the work is the owner of the copyright. The creator can grant licenses to other persons, but not the copyright itself. Additionally, the idea of “fair use” isn’t present in German copyright law. Instead, there is one specific portion of the law granting the use of copyright materials for certain purposes, including collection for religious use, newspaper articles and broadcast commentaries and the reproduction for private and other personal uses. Copyright infringements can result in injunctions, damages, the recall of infringing goods or criminal charges.
Copyright is a huge issue for journalists in Germany. In the instance of being a content producer, these laws are wonderful and provide a wide berth of protection for written works. However, be cautious when trying to use someone else’s content.
Here are some tips for being a journalist in Germany:
- In the event you want to use someone else’s content for the purpose of being a journalist, you have leeway under the law granting you a degree of protection from infringement. But, as a means of protection, try and always contact the creator before publishing any content to know for sure the limits of its use.
- As a content creator, you have the right to your works. Be mindful of media organizations that try to claim your own work as theirs. You can issue licenses to use your work, but you cannot change the owner of the copyright.
- Know where the content you use is coming from. While places inside the European Union/Germany allow use for journalistic purposes relatively freely, this is not the case everywhere.
Reporting in Germany, Mexico, and the U.S. 