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Publication, also: publication or indentation refers to the process in which a work is made accessible to the public with the consent of the author (§ 6 Abs. 1 UrhG). The plant must be placed on the market.
Publication and publication are sometimes used interchangeably synonymous. In the media sciences, on the other hand, publishing is usually understood as a print medium, and its manufacturer is the publicist.
A work within the meaning of § 1 and § 2 Copyright Act (UrhG) are personal intellectual creations in the fields of literature, science and art. In a non-exhaustive list, § 2 (1) of the German Copyright Act (UrhG) mentions as "protected works":
Data processing, computer programs,
Pantomime works including works of dance,
Works of the visual arts including the works of architecture and applied arts,
Representations of scientific and technical nature.
As long as authors authorize these works to be copyrighted (for example, by registering a musical title at the GEMA), but not published, the legally offered copyright protection can not be fully realized. In § 12 (1) of the German Copyright Act (UrhG), the author is left with the alternative whether and how he wishes to publish his work. Only the author may reproduce, disseminate or exhibit his work (§ 15 para. 1 UrhG). It is also reserved to the public, in particular the right to speak, to perform, to perform, to publicly make available, to broadcast, to be reproduced by means of picture or phonograms or radio broadcasts (§ 15 Abs. 2 UrhG). The copyright law uses the term "distribution right" to offer or make the original of the work available to the public (§ 17 (1) UrhG) or public access (§ 19a UrhG). The publication allows the economic exploitation of a work.
Basically, a trademark right is created with the publication of the work. A work is published when it is made available to the public. The legal concept of the publication in § 6 (1) UrhG requires that the work be made available to the public. The term "appearance" is legally defined in § 6 (2) UrhG. Reproductions must be offered to the public. An offer to the public is available when the bidder leaves the private circle and leaves the internal sphere to the public. The work leaves the sole domain of its author and is handed over to the public.
A reproduction is public in accordance with § 15 (3) UrhG, if it is intended for a majority of members of the public. A majority of persons are already present in two persons. Publication is in practice in particular the sale of the books or phonograms, their rental / rental, their public performance on radio and television or on the Internet their download by way of Music-on-Demand or Kindle Direct Publishing. Then an exclusive right is created for the work as well as for its title. Between the work and its title (bay title, musical title, film title) is a genetic accessory, both of which are inseparable. Accordingly, there could be a risk of confusion between two works only if they are on the market under their title. Both jurisprudence and the prevailing opinion, however, are of the opinion that the protected object of § 5 (1) and (3), § 15 of the Trade Mark Act is the title and not the work. Since 1997, jurisprudence has required that the advertising of a still unpublished work must immediately precede its publication.
Each publication requires the prior consent of the authors (§ 8 UrhG). If the publisher has entered into a contract with a publisher, which necessarily provides for a publication, this is usually a tacit consent to the publication. There is no consent to the use of mere demo recordings. Likewise, the application for the GEMA is not yet subject to approval for the first publication. The originator may assign the right of first exploitation. Secondary and third-party exploitation rights, however, are exercised by collecting societies.
The publication date is determined and published by the authors themselves, the publishers or other exhibitors of the information carrier. The date of publication is important for biographies, discographies or other sources. In contrast to the publication, the non-corporeal communication (music performance, radio transmission, picture exhibition or filmmaking) is sufficient for publication. A physical specimen (phonogram, books, etc.) must, however, be handed over to the public, that is, published.
Legal consequences of a publication
In the United States, the date of publication also has copyright consequences. If the right to publish a work has been transferred, the date of publication for the time limit for the right of recall may also be authoritative (§ 203 lit. c) CA). According to § 302 lit. © the period of protection shall be either 95 years after the date of publication or 120 years after the date of reception, whichever is the earlier.
Woody Guthries's patriotic This Land Is Your Land was already recorded in April 1944 but was not released as a record. Instead of this, on 3 April 1945 the publication of the note was regarded as the publication date. According to the copyright, the song became public after 28 years, ie 1973, when its copyright was not extended until that year. Since an extension was only applied for in 1984, it has actually become free of public shares since 1973.
The publication plays a decisive role in registrations in public registers (commercial registers, cooperative registers, association registers). The obligation to publish is the responsibility of the respective court. Under commercial law, publication is subject to the obligation to publish the entries in the commercial register (§ 10 HGB). Not only the registration of registrations - which can be viewed by anyone (§ 9 (1) HGB) - is necessary, but also the publication in the electronic information and communication system determined by the Landesjustizverwaltung. In § 32 HRVO the publication of the entry has to be made immediately, since the effectiveness of the entries against good-faith third parties at the time of the announcement starts. The registration of a trademark in the trademark register is published (§ 41 sentence 2 MarkenG) and is decisive for the beginning of the opposition period of 3 months (§ 42 MarkenG), which runs on the date of registration. By the publication of a patent in the patent sheet, the legal protective effects of the patent occur (Article 58 (1) PatentG). In Germany, the effects of publication of the patent distribution are not dependent on the publication of the patent. The patent effects therefore also occur if no patent is published or the publication of the patent is deficient.