The extinction of an unknown user type

According to the new copyright law, authors lose many rights to their texts – Auber they still take in 2008 counteraps

To 1. January 2008, a new copyright law (URHG) enters into force. In addition to numerous changes, for example, in the electronic copy delivery en passant also a fairly noticated change: scientific publishers receive the rights to publication of documents who have appeared between 1966 and 1995 with them. Maybe even more important: the authors also lose the right to put the texts themselves on their homepage. Unless they become active and transfer the appropriate rights of use either before the 1. January 2008 to third parties or contradicts up to 1.January 2009 the export of the rights of use by the publishers with each individual publisher.

Also before 1995 it was already ubag that scientific publication of the authors the Only exclusive rights of use talk about a publication. That meant that the publisher could ie the factory first as a hardcover or article in a journal, later as paperback, in a collecting tape or as a microfiche. In this case, in this case, the author had no own rights of use at the plant and therefore could not transfer any other rights of use, because all known exploitation traps were sub-summed under the exclusive rights of use. According to gisun joint opinion, the Internet was simply the most people before 1995 unknown and therefore a so-called for the copyright law Unknown type of use. That brought an important advantage for the authors, because the Internet was thus the transfer of the Only exclusive rights of use Except and the authors had so far – mostly without knowing it – the rights to the online use or publication of their works released in 1995.

With the § 137 l ABS. 1 of the Copyright Act, which is entering the new year, this is different: Does not the author intervene, the rights of use at publications of the years 1966 to 1995 automatically and usually unnoticed to the publishers. More: The publishers receive after a predominant reading of the lifelong right of use for the online publication of the documents. Formally, the author did not even have the right to put documents on his homepage. However, authors have two opportunities to counteract the automatic transition of the rights of use to a publisher.

On the one hand, you can reach the 31.12.2007 A simple right of use for the online publication of said works on third parties. From different science organizations (eg.B. The Helmholtz Society) becomes the transfer of such a simple or. Non-exclusive right of use to operator scientific open access server recommended. This procedure has two advantages: will only transfer the simple rights of use, the author can publish the document with other providers, z.B. Also in a scientific publisher.

The rights room to the operator of an open access server prevents only that lively the publisher can publish the work on the Internet and that this work can thus be used for a certain kind of costly. The author and the operator of the open access server but in any case permanently permanently publish the right and the possibility of publishing the works from the time between 1966 to 1995 online in full text.

The second advantage: The open-access repositories are available free of charge. Documents that are published here can be used for free by each reader. Scientists who are interested in transferring the rights of use to the Internet publication of these documents to the operator of the Open Access server of their institution find a list of these servers including contact persons who can inform the simplified procedure of the recruitment on each institution, on the Pages of the German initiative for network information DINI E.V..

In addition or alternatively to the publication of the documents on the mostly technically mixed open access server of the local university, the transfer of rights of use to the operator of a subject-specific open access server is also in question. Examples of such technically aligned servers are, for example, the Psychology Server Psydok, the Social Sciences Open Access Repository (Ssoar), the Economic Scientific Servers of the German Central Library for Economics, Publication Server Antique Sciences or the Publication Platform Art History.

Standard formulations and letters with which the author can make a corresponding right-breaking room can be found on the websites of the Copyright Understanding and in a sample writing of the Helmholtz Society. There, formulations like these are recommended:

"Hereby I transfer the XXX a simple right of use of all mine in the time of 1.1.1966 to 31.12.1994 published specialist publications for use on the publication server XXX."

After a geary opinion, the publisher on the rights of rights must not be explicitly informed. Legal questions relating to § 137 l UrhG are treated in various places in the WWW, but above all in Eric Steinhauer’s blog library law.

If the author uses the possibility of transferring the rights of use to third parties to 31.12.2007 not, fall the rights to the online publication of documents to the publisher who has published the print document. Then the authors remain the second (somewhat more responsive) possibility of preventing the automatic transition of the rights of use to a publisher: they can be made up to the 31.12.In 2008, the exercise of the right of use for the online publication by the publishers contradict each publisher. Here, too, there is a sample text on the topics of the copyright principle.

In order to preserve the scientists from the election possibilities of this kind and the publishers in front of such, the legislator has provided in the new copyright law: according to the new § 31a Urhg it will be possible in the future to transfer rights to other types of uses to other than other – a chance which the publishers can hardly be missed.

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