Good to know!

Unknown types of use

Since early 2008, it has been possible to grant licenses for types of use still unknown at the time of the signing of the contract (§ 31a UrhG). An example from the past would be the online use of works. 
Contracts regarding unknown uses must be in writing. The user must inform the artist of his/her intention in writing prior to the use and the artist has the option to revoke approval of the specific type of use within a period of three months. Likewise, the artist is entitled to separate compensation for the new usage.
This new rule applies retroactively to existing contracts (for the period between January 2, 1966 and January 1, 2008).

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Pseudonym on an identity card or in a passport

Artists have the right to decide by what name they want to be referred to. Many countries, including Germany, allow mention of a pseudonym in identification documents. Germany allows entry of a pseudonym on identity cards and in passports.

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Appropriate compensation

According to § 32 UrhG, the originator is entitled to the contractually agreed upon compensation for the granting of rights and permission to use works. If the amount of compensation has not been defined, both parties are deemed to agree upon appropriate compensation.  

If the amount of compensation has not been specified by the time the contract is signed, the contract should include a passage stating that compensation is not being waived. Only then the rightful claim to appropriate compensation – pursuant to § 32 – is preserved.

Contrary to what one might think, however, an "appropriate compensation" for exhibitions of visual art cannot be derived from this (keyword "exhibition remuneration"). In the German Copyright Act, there is quite a prominent author’s exclusive right to exhibit his or her works (§ 18). But this right only applies to unpublished works. A publication, in the copyright sense, has almost always already happened, when it comes to organizing exhibitions and giving the artist an appropriate share (for the term "publication", see also § 15 (3) UrhG).

This means: The artist can usually no longer transfer any exhibition (copy)rights, or vice versa, the exploiter does not even need to ask for them. Therefore, the artist cannot insist on an "appropriate compensation" for this transfer, at least not with reference to the German copyright. At present, he/she will still have to negotiate this remuneration individually, possibly also with the help of guidelines on exhibition remuneration, which have already been published in various places (see here “What is a reasonable fee?“).

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What does a list of works contain?

A list of works includes serial numbers and the titles of the works, which must be identical to the labeling on the works. In addition, information is provided on technique/material, dimensions, and frames; in case of digital works, the information includes file format, pixel and resolution. Listing the date, a description of the condition, and sales value (including VAT) is also important. The insurance value of the works is based on the sales value. 

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