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Pirated copy: What are the consequences of illegal copies?

From copyright.de, last update on: May 15, 2021

Modern technical possibilities affect us in many ways. So today it is unimaginable that someone stands in front of the television and with the help of one Tape recorder current Record songs. Because through the digital media the practice is practically extinct. But in spite of that poor quality from back then, this procedure was also about the production of a Pirated copy.

Pirated Copy FAQ

When is it a pirated copy?

A pirated copy is an illegally created reproduction of works protected by copyright.

When does the statute of limitations apply for a pirated copy?

For the unauthorized use of works protected by copyright, a limitation period of five years applies in accordance with Section 78, Paragraph 3, No. 4 of the Criminal Code (StGB). The period begins with the termination of the act. So if you burned songs from an exchange platform onto a CD six years ago, you usually do not have to expect any sanctions today.

Can I report pirates?

If you have ordered a DVD or CD online that turned out to be a pirated copy after delivery, you should first contact the seller and seek an agreement with them. It is also possible to report the incident to the operator of the sales platform or even to inform the original author about the pirated copy. This can then proceed against the copyright infringement.

What is a pirated copy?

The term pirated copy or Black copy Colloquially refers to reproductions that have been produced illegally. Such an illegal copy constitutes a Copyright infringement The term "pirated copy" or a definition comes in Copyright Act (UrhG) does not exist. For this reason, the term is also considered "Popular legal expression".

Originally the name was for analog copies used by cassettes, records and CDs. However, the proliferation of computers and storage facilities made the problem worse digital data carriers out. Because this usually enables digital media without loss of quality and multiply infinitely within a very short time. So, besides music, pirated copies are also used Software, films or e-books possible.

In principle, not every reproduction is without that express consent of the author by one Pirated copy. According to ยง 53 UrhG, private copies are allowed as long as the respective Provisions must be followed.

Pirated copy: What is the penalty for illegal copies?

Which punishment a pirated copy, according to the law, results mainly from the UrhG. The offense is usually one unauthorized copying of works protected by copyright. In this case, the legislature writes accordingly Section 106 UrhG a fine or imprisonment of up to three years in front.

On the other hand, higher sanctions threaten if the copyright infringement occurs in commercial scope took place. This fact is deemed to have been met if the pirated copy causes any form of Profit is achieved. As a rule, it does not matter whether the sale is made via the Internet or took place in the schoolyard.

According to 108 a UrhG the legislature sees a prison sentence of imprisonment for the unauthorized commercial exploitation of works that are protected by copyright up to five years or a fine. The sentence is determined by the Circumstances of Copyright Infringement influenced.

Damaged authors can also because of a pirated copy civil claims assert. In this case, the person responsible for the pirated copy will receive a Warning. This usually includes the requirement for damages.

Pirated copy - short and compact

Considered to be pirated unauthorized reproductions of works protected by copyright. Is the necessary Author's consent not before, this can be a fine or a Imprisonment entail. Reproductions for personal use - so-called Private copying - are, however, permitted under certain conditions.

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Pirated copy: What are the consequences of illegal copies?
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