Truckenbrod, Baetcher 1
Tomislav Truckenbrod Felix Baetcher Independent Studies Fall 2010 Allison Anders 12/6/2010
The Anglo-American Copyright is a set of exclusive rights granted by the law to the author or creator of an original work, including the right to copy, distribute and adapt the work, except that it does not protect ideas, only their expression or fixation. Copyright laws are partially standardized through international and regional agreements such as the Bern Convention, the World Intellectual Property Organization, and the European copyright directives such as the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. Although there are consistencies
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The copyright in Germany is regulated primarily by the Copyright Act (Urheberrechtsgesetz; UrhG) of 1965. The Copyright protects the author in an intellectual and personal relationship to his work, and the author's moral right. The author has the sole right to decide if, and how his work is going to be published. The author has the moral right which he can prohibit misrepresentations of his work, and take action against anyone who makes his authorship dispute. On the other hand, the copyrights granted to the author also contain the exclusive rights to determine the economic exploitations of his work. These “exploitation rights“ include both "physical" exploitation and "incorporeal" application. The “Physical“ exploitation is to avoid reproduction, distribution, and exhibition of the creation without compensation to the author. The musical work may be used “incorporeal“, listed by radio, television broadcast and even more the internet which is open to public. If the authors work is used in any manner without valid authorization, the creator is entitled to reasonable compensation. What does this mean to use music in a film, for broadcasting purposes in Germany? First of all, the copyright of the composer‘s and lyricist‘s creation is required which in most cases is transferred containing resulting exploitation rights to a publisher.
Truckenbrod, Baetcher 3
Then the musicians and the orchestra have a copyright for their service performing this music. These use