Image copyright (Germany)

In Germany, photo rights or "Bildrechte" are the copyrights that are attached to the "author" of the photograph and are specified in the "Law for Copyright and similar Protection" ("Gesetz über Urheberrecht und verwandte Schutzrechte"). These rights deal with rights of reproduction, distribution, modification, attribution, and prohibitions against illegal modification or reproduction. The ownership rights of a picture are treated under the broader "art copyright laws". Furthermore, if a museum or gallery owns a work of art or a photograph, they are permitted to make their own stipulations as to the selling of illustrations and reproductions of their property. This relates to the German legal concept of the right of owner to undisturbed possession. Wolf Vostell said: "Copyrights are like human rights".

Periods of protection

Photos (Lichtbilder)

According to § 72 Abs. 3 UrhG, copyrights for most photographs and pictures expire fifty years after their most recent publication. If the picture is not in print or distribution for a period of 50 years, then the protection ends, but as long as the work appears at least once in that period, the period of protection is extended by another 50 years. For example, if a photo is published in the year 2000 but is not printed again until 2049, the protection will be extended until 2099.

Public domain

Works in the public domain are those whose exclusive intellectual property rights have expired, have been forfeited, or are inapplicable. For example, the works of Shakespeare and Beethoven, and most of the early silent films, are all now in the public domain by leaving the copyright term. Examples for works not covered by copyright which are therefore in the public domain, are the formulae of Newtonian physics, cooking recipes and all software before 1974. Examples for works actively dedicated into public domain by their authors are the Serpent encryption reference implementation,NIH's ImageJ, and the CIA's The World Factbook. The term is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission".

As rights are country-based and vary, a work may be subject to rights in one country and be in the public domain in another. Some rights depend on registrations on a country-by-country basis, and the absence of registration in a particular country, if required, creates public domain status for a work in that country.

Copyright

Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use.

Copyright is a form of intellectual property, applicable to certain forms of creative work. Under US copyright law, legal protection attaches only to fixed representations in a tangible medium. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rightsholders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and "moral rights" such as attribution.

Copyrights are considered territorial rights, which means that they do not extend beyond the territory of a specific jurisdiction. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws vary by country.

Image

An image (from Latin: imago) is an artifact that depicts visual perception, for example a two-dimensional picture, that has a similar appearance to some subject—usually a physical object or a person, thus providing a depiction of it.

Characteristics

Images may be two-dimensional, such as a photograph, screen display, and as well as a three-dimensional, such as a statue or hologram. They may be captured by optical devices – such as cameras, mirrors, lenses, telescopes, microscopes, etc. and natural objects and phenomena, such as the human eye or water.

The word image is also used in the broader sense of any two-dimensional figure such as a map, a graph, a pie chart, or a painting. In this wider sense, images can also be rendered manually, such as by drawing, the art of painting, carving, rendered automatically by printing or computer graphics technology, or developed by a combination of methods, especially in a pseudo-photograph.

A volatile image is one that exists only for a short period of time. This may be a reflection of an object by a mirror, a projection of a camera obscura, or a scene displayed on a cathode ray tube. A fixed image, also called a hard copy, is one that has been recorded on a material object, such as paper or textile by photography or any other digital process.

Royalty-free

Royalty-free, or RF, refers to the right to use copyrighted material or intellectual property without the need to pay royalties or license fees for each use or per volume sold, or some time period of use or sales.

Computer standards

Many computer industry standards, especially those developed and submitted by industry consortium's or individual companies, involve royalties for the actual use of these standards. These royalties are typically charged on a "per port" basis, where the manufacturer of end-user devices has to pay a small fixed fee for each device sold, and also include a substantial annual fixed fee. With millions of devices sold each year, the royalties can amount to several millions of dollars, which is a significant burden for the manufacturer. Examples of such royalties-based standards include IEEE 1394, HDMI, and H.264/MPEG-4 AVC.

Royalty-free standards do not include any "per-port" or "per-volume" charges or annual payments for the actual implementation of the standard, even though the text of the actual specification is typically protected by copyright and needs to be purchased from the standards body. Most open standards are royalty-free, and many proprietary standards are royalty-free as well. Examples of royalty-free standards include DisplayPort, VGA, VP8, and Matroska.