2024-04-23 08:04:14
As an author, she automatically acquired copyright in the writing process. “You can now do whatever you want with it,” the expert explains to me regarding my rights. Giving the book away is just as possible as destroying it. However, the text that is classified as intellectual property is excluded from this property. Who is allowed to reproduce this is regulated by the exploitation rights. In the example case, the author gave this to a publisher. The exploitation rights make it possible to earn something from your own work. Equally relevant is moral rights. “This should, for example, protect authors from the distortion of their work.” Another example of this is publishing under someone else’s name.
“A product created purely by AI is not a work in the sense of copyright.”
Astrid Graf-Wintersberger
Senior Scientist Private Law
Quoting is permitted
If a copyright infringement occurs, the author is entitled to compensation that is higher than the appropriate amount. “The main venue for copyright infringement is the Internet,” said the expert. There is generally not that much awareness of how to deal with intellectual property. Authors have the right to distribute their works on the Internet. The idea is that the author does not lose control of his work. In practice this happened quickly. For example, if someone distributes a screenshot of the work on a publicly accessible site.
For some authors, that would probably be a “gnack,” a “kick in the neck.” I can easily adopt this definition from the “Little Wappler” because the right to quote covers text excerpts to a limited extent. “Such exceptions are intended to prevent monopolization,” explains Graf-Wintersberger. In the spirit of an exchange of thoughts and ideas, it is necessary that others can refer to a work or develop it further without directly risking a copyright infringement.
Two lawyers meet…
Not everything is worth protecting either. Pure ideas without an already formulated concept are just as unlikely as the content of a joke. But: “If you contribute your creative power and write down the joke in an original way, you have a copyright to this design.”
AI-generated photos etc. are a special case. “A product created purely by AI is not a work in the sense of copyright because it is not a human’s own intellectual creation.” There is no copyright on this. “But if a natural person only uses AI as an aid, a copyrighted work can come into being: the copyright then arises spontaneously with this person.” Violations can also occur here: “The AI may use copyrighted works. However, this would require the consent of the rights holders.” The circumstances under which the editing of someone else’s work is permissible have not yet been completely clarified.
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