The idea of an image from another vendor is used to implement fast and can just as quickly become an expensive affair. Because copyright protects the provider from having his picture material is used without its prior consent, § § 15 et seq Copyright Act (UrhG). In the course of a received warning you see then exposed to high Abmahnkosten quickly.
In legal terms, are photographs photographic works acc. § 2, No. 5 Copyright Act, or at least according to photographs. § 72 Copyright Act.
is According to § 72 para 2 UrhG the light generator to the exclusive right to use, copying and dissemination.
a copyrighted photograph may be, without the prior permission of the photographer as author not be reproduced, distributed or made publicly available, ie can be set to the Internet.
Under § § 2, No. 5, 72 Copyright Act, any photograph or photographs, is protected if it has reached a certain threshold of originality. Under the principle of "small coin" apply to the patentability of photographic works. Here are few requirements, so traveling telling shots which were not created to protect wahrlos objects. A special level of creative and creative design is not required.
The infringer faces injunction damages, as well as information requirements, and legal costs suspended.
injunction
Contrary to the assertion of Schadenseratzansprüchen consists of injunctive relief, regardless of fault of the user. So it does not matter that the user was aware of the copyright of another. In this context it should be noted that an appropriate copyright notice for the existence of copyright irrelevant. Proof of authorship to a photo is always on the submission of the image file. On the higher resolution of a recording, it is assumed that only their authors and the owner of the exclusive rights of use.
compensation claim
case of copyright infringement, the injured in accordance with § 97 of the Copyright Act (UrhG) a claim for damages. The problem is the question of how to calculate the damage in concrete terms. recognized in the case are three variants of the damage calculation, namely
- the actual damage, in particular loss of profit
- the violator's
- Damage calculation by license analogy.
In most Cases, the quantification of a specific defect or a specific infringer's very difficult.
common practice is therefore a calculation of damages under the so-called license analogy. It is a license agreement fiction. This is based on the idea that the person injured should not be made better off than he would have been granted with permission of the copyright holder.
Regarding the amount of license fee, for example, the rates of VGBildkunst or the tariff rates of the SME Community Photo Marketing (MFM) is used as a guideline.
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