Copyright and Related Rights Act (German Copyright Law)

§ 7 – Author

The author is the creator of the work.

§ 23 – Adaptations and Transformations

1. Adaptations or other transformations of a work, including melodies, may only be published or exploited with the consent of the author.
   If the newly created work maintains sufficient distance from the original work, it is not considered an adaptation or transformation under sentence 1.

2. The author’s consent is already required for creating the adaptation or transformation if it concerns:

   • the filming of a work,

   • the execution of plans or drafts of a work of fine art,

   • the reconstruction of an architectural work,

   • the adaptation or transformation of a database work.

3. Paragraphs 1 and 2 do not apply to purely technical changes made to a work under certain legally permitted uses.

§ 12 – Right of Publication

1. The author has the right to decide whether and how their work is published.

2. Until the work, or a substantial part or description of it, is published with the author’s consent, only the author may publicly communicate or describe its content.

§ 31 – Granting of Rights of Use

1. The author may grant another person the right to use the work in one or all forms of use (“license”).
   The license may be:

   • non-exclusive or exclusive,

   • limited by territory,

   • limited by time,

   • limited by content.

2. A non-exclusive license allows the holder to use the work while others may also use it.

3. An exclusive license allows the holder to use the work to the exclusion of all others and to grant sublicenses.
   The author may reserve certain rights for themselves.

4. (repealed)

5. If the forms of use are not specifically listed when granting a license, the scope depends on the purpose of the contract agreed upon by both parties.

§ 39 – Changes to the Work

1. The holder of a usage right may not alter the work, its title, or the author’s designation unless otherwise agreed.

2. Changes that the author cannot reasonably refuse in good faith are permitted.

§ 48 – Public Speeches

1. The following are permitted:

   • reproducing and distributing speeches on current affairs in newspapers, magazines, and similar media if they were delivered at public meetings or publicly broadcast,

   • reproducing, distributing, and publicly communicating speeches made during public proceedings before government, municipal, or church bodies.

2. However, it is not permitted to reproduce and distribute such speeches as a collection mainly containing speeches from the same author.

§ 53 – Reproductions for Private and Personal Use

1. Individuals may make single copies of a work for private use on any medium, as long as:

   • the copies are not used for commercial purposes,

   • the source copy was not obviously illegal.

2. It is permitted to make copies:

   • for a personal archive,

   • for personal information on current events,

   • for personal use of small parts of published works or articles from newspapers/magazines,

   • of works that have been out of print for at least two years.

3. (repealed)

4. Full copies of books, magazines, or sheet music generally require permission unless handwritten or otherwise legally permitted.

5. These private copy exceptions generally do not apply to electronically accessible database works.

6. Copies may not be distributed publicly or used for public performances.

7. Recording public lectures, performances, or constructing architectural works from plans always requires permission from the rights holder.

§ 58 – Advertising for Exhibitions and Public Sales of Works

It is permitted for organizers to reproduce, distribute, and publicly display works that are publicly exhibited or intended for public exhibition or sale for promotional purposes, as long as this is necessary to promote the event.