What can I do with my poetry
Copyright for poems: when are poetic texts protected?
From copyright.de, last update on: May 16, 2021
Goethe, Schiller, Brecht and Ringelnatz
ran out Words a true one sweetheart.
Theirs are popular Quotes more than ever
because hers still fascinates today poetry.
But what protects them great poet history,
is the German Copyright also for poems?
Poetry copyright FAQ
In principle, it is not necessary to register works protected by copyright or to have them entered in a register, because protection is created automatically. Although these property rights do not prevent copyright infringement, they do provide opportunities to take action against them.
As the author, you can, for example, take civil action if your rights are violated. This includes, in particular, the sending of a warning including a declaration of cease and desist with penal measures. You can use these letters to claim damages, for example.
The quote is one of the barriers of copyright law and allows the use of copyrighted content without the consent of the author. However, these excerpts from works may only be used if the quotation serves a purpose. This can be the case, for example, in an explanation in a scientific paper.
Do poems fall under copyright law?
Are individual phrases using Rhyme to a poem interwoven, this often creates a very special effect. The words often seem to be fluently connected with each other, so that when reading and speaking they have their own rhythm arises. The resulting lines reach the necessary Height of creation, can the copyright protect the respective poems.
According to Section 2, Paragraph 1 of the Copyright Act (UrhG) it concerns so-called Language works. This type of work includes, among others Books, newspaper articles as well as the code, which is based on computer programs and websites. Because the basis of all these creations is the language.
The decision as to whether a poem under that copyright falls, cannot be answered across the board, because here it applies to the Individual case to consider. On which criteria what matters is shown in the following list. So must the work
- to be created by humans,
- have a spiritual content
- and differ from the everyday design.
Whether a creation actually does this Criteria met, will, however, in advance Not checked. This creates the copyright for poems and all other works automatically with their creation. Only in the case of one legal dispute can it become a Verification of the work and copyright protection.
By copyright, poems are in front of a unauthorized publication, distribution and exploitation protected. If third parties use the language work despite existing property rights, the creator can oppose them Copyright infringement proceed and, for example, claims damages using a Warning push through.
Poetry copyright: is quoting allowed?
Quotes and famous sayings now adorn postcards, coffee mugs and T-shirts, but how can this be done with the copyright for poems and other linguistic works? For an assessment you basically have to different circumstances can be distinguished.
For example, the author has been died more than 70 years is. His works are then considered to be public domainbecause the duration of the copyright is limited to this period. After that there is also a recovery without the permission of the author possible.
Under certain circumstances, manufacturers can also rely on the Right to quote appointed. In Section 51 (1) sentence 1 UrhG it says about this Limitation of Copyright:
Duplication, distribution and public reproduction of a published work for the purpose of quoting is permitted, provided that the scope of use is justified by the particular purpose.
According to copyright poems, novels or newspaper articles can partially be used as Quote used when this one purpose fulfill. These passages can, for example, as receipt serve or in the course of a treatise analyzed become.
Last but not least, they can Manufacturer also the Usage rights for the quotes acquire. In this case, the rights holders allow the Recovery against the payment of a fee.
Poetry copyright - short and compact
Achieved a poem the necessary Height of creation, this can do that Copyright protection enjoy. In this case, third party is the unauthorized Exploitation and dissemination prohibited. Will violate existing copyright law for poems violate, this can possibly lead to a Warning to lead.
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