Also known as:Urheberrechts · Urheberrechte · Urheberrechten · copyright · UrhG
Written by attorneys · grounded in primary & secondary sources — see below
A German legal concept that grants authors both economic exploitation rights and moral rights in their literary and artistic works.
Sources & Authorities· 10 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Pendent Jurisdiction Over State Claim
Umeko Uchida sues a rival publisher in German court for copying her novel and adds an unfair competition claim based on the same copying. The court exercises jurisdiction over the state claim because both arise from the identical facts of appropriation under Urheberrecht.
Inducement Liability For File Sharing
Ugo Uberti's software company distributes a platform that users employ to share music files protected by Urheberrecht. A court holds the company liable for inducing infringement when evidence shows the service was designed and promoted for that purpose.
Metro-Goldwin-Mayer Studios, Inc. v. Grokster, Ltd.545 U.S. 913 (2005)
Time Shifting As Fair Use
Uri Underwood sells video recorders that consumers use to record television broadcasts for later viewing. The manufacturer avoids contributory liability because the devices have substantial noninfringing uses such as recording public domain programs under Urheberrecht limitations.
Sony Corp. of America v. Universal City Studios, Inc.464 U.S. 417, 435 & n.17 (1984)
Fair Use For News Excerpts
Uma Underwood's magazine publishes a short excerpt from a former president's memoir without permission. The court finds infringement because the quotation took the heart of the work and served the same market purpose as the original under Urheberrecht.
Harper & Row Publishers, Inc. v. Nation Enterprises471 U.S. 539, 566 (1985)
Parody As Transformative Fair Use
Ulf Ulfsson's rap group records a commercial parody of a classic rock ballad. The court holds the parody qualifies as fair use because it comments on the original through substantial transformation even though it is sold for profit under Urheberrecht exceptions.
Campbell v. Acuff-Rose Music, Inc.510 U.S. 569, 578-585 (1994)
No Protection For Facts Alone
Ulrike Ulrich compiles a telephone directory of subscriber names and numbers. A rival may copy the factual listings because Urheberrecht protects only original selection or arrangement and not the underlying facts themselves.
Feist Publications, Inc. v. Rural Telephone Service Co.499 U.S. 340, 349-350 (1991)
Common questions
Frequently Asked
3
What rights does Urheberrecht protect beyond economic exploitation?+
It also protects an author's moral rights including the right of attribution and the right to maintain the integrity of the work.
Supporting sources
How does Urheberrecht compare to U.S. copyright in protecting facts?+
Like U.S. copyright it protects only original expression and leaves facts and ideas free for others to use.
Does Urheberrecht allow fair use defenses for parodies?+
It recognizes limitations and exceptions that permit transformative uses such as parody when the new work comments on the original.
499 U.S. 340, 349-350 (1991)Property
…concurs in the judgment. Majority opinion Opinion of Justice O'Connor This case requires us to clarify the extent of copyright protection available to telephone directory white pages. Rural Telephone Service Company, Inc., is a certified public utility that provides telephone service to several communities in…