" Authors' rights " is a term frequently used in connection with laws about intellectual property .
161-563: German authors' right or Deutsches Urheberrecht is codified in the Gesetz über Urheberrecht und verwandte Schutzrechte (also referred to as Urhebergesetz or Urheberrechtsgesetz and abbreviated UrhG ). An official translation is available. It should not be confused with copyright (exclusive rights to copy granted to distributors ), and is more akin to authors' rights (exclusive rights to profit from one's work granted to authors ). Court decisions have set vastly different standards for
322-692: A Europe balanced and guaranteed by four " great powers ": Great Britain, France, Russia, and Austria, with each power having a geographic sphere of influence. France's sphere included the Iberian Peninsula and a share of influence in the Italian states. Russia's included the eastern regions of Central Europe and a balancing influence in the Balkans. Austria's sphere expanded throughout much of the Central European territories formerly held by
483-634: A German client state of France known as the Confederation of the Rhine which, inter alia , provided for the mediatization of over a hundred petty princes and counts and the absorption of their territories, as well as those of hundreds of imperial knights , by the Confederation's member-states. Several states were promoted to kingdoms such as the Kingdom of Bavaria , the Kingdom of Saxony or
644-691: A German nation would stretch. There was also uncertainty as to who would best lead and defend "Germany", however it was defined. Different groups offered different solutions to this problem. In the Kleindeutschland ("Lesser Germany") solution, the German states would be united under the leadership of the Prussian Hohenzollerns ; in the Grossdeutschland ("Greater Germany") solution, the German states would be united under
805-484: A Germany without multi-ethnic Austria (under Austria-Hungary ) or its German-speaking part , the political and administrative unification in 1871 at least temporarily solved the problem of dualism. Despite undergoing in the later years several further changes of its name and borders, overhauls of its constitutional system, periods of limited sovereignty and interrupted unity of its territory or government, and despite dissolution of its dominant founding federated state ,
966-512: A Prussian customs union in 1818, the Zollverein linked the many Prussian and Hohenzollern territories. Over the ensuing thirty years (and more) other German states joined. The Union helped to reduce protectionist barriers between the German states, especially improving the transport of raw materials and finished goods, making it both easier to move goods across territorial borders and less costly to buy, transport, and sell raw materials. This
1127-504: A campaign in the German states to bring them back into the French orbit; the subsequent War of Liberation culminated in the great Battle of Leipzig , also known as the Battle of Nations . In October 1813, more than 500,000 combatants engaged in ferocious fighting over three days, making it the largest European land battle of the 19th century. The engagement resulted in a decisive victory for
1288-690: A common language. Schneckenburger wrote "The Watch on the Rhine" in a specific patriotic response to French assertions that the Rhine was France's "natural" eastern boundary. In the refrain, "Dear fatherland, dear fatherland, put your mind to rest / The watch stands true on the Rhine", and in such other patriotic poetry as Nicholaus Becker's "Das Rheinlied" ("The Rhine"), Germans were called upon to defend their territorial homeland. In 1807, Alexander von Humboldt argued that national character reflected geographic influence, linking landscape to people. Concurrent with this idea, movements to preserve old fortresses and historic sites emerged, and these particularly focused on
1449-496: A constitution and reach an agreement on the kleindeutsch solution. While the liberals failed to achieve the unification they sought, they did manage to gain a partial victory by working with the German princes on many constitutional issues and collaborating with them on reforms. Scholars of German history have engaged in decades of debate over how the successes and failures of the Frankfurt Parliament contribute to
1610-435: A corresponding type of use, so it is always possible to restrict a right of use in many different ways as long as the specification of the use of work makes clear the individuality of the type of use with respect to its economic and technical content. So there is a possibility to control the use of one's work by specifying the types of use, thereby limiting the rights of use. The binding regulation as stated in § 31 IV UrhG made
1771-400: A creator, nor the complete rights for the exploitation of their work to others. According to §§ 15 f. UrhG the author is the only one who is able to take advantage of the exploitation rights. If an author himself does not want to exploit their own work, it is possible to grant the rights of utilisation to another person. In accordance with the regulation of § 29 II UrhG (referring to § 31 UrhG)
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#17327828610261932-426: A geographically central organizing feature (such as a national capital), the rails were laid in webs, linking towns and markets within regions, regions within larger regions, and so on. As the rail network expanded, it became cheaper to transport goods: in 1840, 18 Pfennigs per ton per kilometer and in 1870, five Pfennigs . The effects of the railway were immediate. For example, raw materials could travel up and down
2093-611: A growing sense of unity among German speakers of Central Europe. At the Wartburg Festival in 1817 the first real movements among the students were formed – fraternities and student organizations emerged. The colors black, red and gold were symbolic of this. Agitation by student organizations led such conservative leaders as Klemens Wenzel, Prince von Metternich , to fear the rise of national sentiment. The assassination of German dramatist August von Kotzebue in March 1819 by
2254-485: A league or society of independent nations would be realized in his own lifetime. In practice Young Europe lacked the money and popular support for more than a short-term existence. Nevertheless he always remained faithful to the ideal of a united continent for which the creation of individual nations would be an indispensable preliminary. King Frederick William IV suffered a stroke in 1857 and could no longer rule. This led to his brother William becoming prince regent of
2415-408: A market at a fixed price. It could be that a new technique differs clearly from an established one creating a new kind of use. Furthermore, it is also possible that a technically known but economically not yet relevant kind of use could be part of a contract if specifically named and explicitly agreed upon between the parties. According to jurisdiction, contracts on yet unknown types of use (representing
2576-546: A massive dictionary known as The Grimm , also assembled a compendium of folk tales and fables, which highlighted the story-telling parallels between different regions. Karl Baedeker wrote guidebooks to different cities and regions of Central Europe, indicating places to stay, sites to visit, and giving a short history of castles, battlefields, famous buildings, and famous people. His guides also included distances, roads to avoid, and hiking paths to follow. The words of August Heinrich Hoffmann von Fallersleben expressed not only
2737-544: A master plan to expand the North German Confederation of 1866 to include the remaining independent German states into a single entity or simply to expand the power of the Kingdom of Prussia. They conclude that factors in addition to the strength of Bismarck's Realpolitik led a collection of early modern polities to reorganize their political, economic, military, and diplomatic relationships in
2898-587: A more direct translation of the French Droit Voisins , are property rights granted to people who are not the "author" of the work in the creative sense of the term. Typically these include performers, producers of phonograms (records, CDs, etc.), producers of films (as opposed to directors or scriptwriters) and broadcasting organisations. Related rights are generally more restricted than authors' rights in civil law countries, although they may be equivalent in common law countries where both fall under
3059-539: A multitude of invisible bonds by nature herself, long before any human art begins; they understand each other and have the power of continuing to make themselves understood more and more clearly; they belong together and are by nature one and an inseparable whole. A common language may have been seen to serve as the basis of a nation, but as contemporary historians of 19th-century Germany noted, it took more than linguistic similarity to unify these several hundred polities. The experience of German-speaking Central Europe during
3220-413: A new political, bureaucratic, or administrative apparatus. While many spoke about the need for a constitution, no such document appeared from the discussions. In 1848, nationalists sought to remedy that problem. Several other factors complicated the rise of nationalism in the German states. The man-made factors included political rivalries between members of the German confederation, particularly between
3381-455: A permanent national parliament, and a unified Germany, possibly under the leadership of the Prussian king. This seemed to be the most logical course since Prussia was the strongest of the German states, as well as the largest in geographic size. Meanwhile, center-right revolutionaries sought some kind of expanded suffrage within their states and potentially, a form of loose unification. Finally,
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#17327828610263542-887: A pivotal role in German politics. Ever since the Prince-Elector of Brandenburg had made himself King in Prussia at the beginning of that century, their domains had steadily increased through inheritance and war. Prussia's consolidated strength had become especially apparent during the Partitions of Poland , the War of the Austrian Succession and the Seven Years' War under Frederick the Great . As Maria Theresa and Joseph tried to restore Habsburg hegemony in
3703-482: A radical student seeking unification was followed on 20 September 1819 by the proclamation of the Carlsbad Decrees , which hampered intellectual leadership of the nationalist movement. Metternich was able to harness conservative outrage at the assassination to consolidate legislation that would further limit the press and constrain the rising liberal and nationalist movements. Consequently, these decrees drove
3864-571: A small portion of the male population. Problematically, the built-in Austrian dominance failed to take into account Prussia's 18th-century emergence in Imperial politics. This impractical solution did not reflect the new status of Prussia in the overall scheme. Although the Prussian army had been dramatically defeated in the 1806 Battle of Jena-Auerstedt , it had made a spectacular comeback at Waterloo. Consequently, Prussian leaders expected to play
4025-426: A so-called business of risk) are only effective if such a type is specifically named, explicitly discussed and agreed upon in the contract; never does this form a part of the general terms and conditions. As kinds of independent and formerly not yet known types of use exploitation on e. g. narrow-gauge film, on video and via video on demand are all recognised by the legislator. § 31 IV UrhG was abolished and replaced by
4186-406: A written document is lacking the agreement will have no legal bearing since void; it will be unenforceable by law. Pursuant to § 31a I 1 UrhG the author has the right of rescission , § 31a I 3 UrhG. In spite of a valid claim to reasonable compensation , the right of rescission enables the author to change a decision and cancel the granting of rights concerning the use of yet unknown types of use on
4347-564: Is "copyright (subsisting) in a literary, dramatic, musical or artistic work"; the term in Maltese and Cypriot law is similar, except that dramatic works are treated as a subset of literary works. Under a bill proposed by the government of Chancellor Angela Merkel approved by the Bundestag, Germany infringement of copyright is equivalent to the crime of theft. The prison sentences for violations of copyright, exactly equal to those provided for
4508-485: Is a special emphasis on the relation between the work and its actual author. The right is perceived as an aspect of the author's general personality right and as a general rule is therefore inalienable. This also means that there is no corporate copyright in Germany and the fundamental rights cannot be transferred except by inheritance ("heritage"). While exclusive licences are almost as powerful as copyright transfer,
4669-414: Is decisive that the type of use is not only specified by its technical possibilities but also by its economical importance and usability. It is also decisive, inter alia, whether a large audience is targeted, whether separate distribution structures are created or whether the range of economic exploitation can be significantly expanded. A type of use needs to be sufficiently known to have established itself in
4830-610: Is generally used in relation to the copyright laws of civil law countries and in European Union law . Authors' rights are internationally protected by the Berne Convention for the Protection of Literary and Artistic Works and by other similar treaties. "Author" is used in a very wide sense, and includes composers, artists, sculptors and even architects: in general, the author is the person whose creativity led to
4991-469: Is not measurable, the granting of exploitation rights by using yet unknown types of use is reserved to the author, even if they have already granted exploitation rights concerning known types of use. In accordance with § 31a UrhG the author is entitled to grant rights of use or to contractually bind himself to do so, even if the type of use is yet unknown at that time. A pre-condition be that the author submits their intention in written form, § 31a I 1 UrhG. If
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5152-450: Is often interpreted as a repudiation of the political process—a repudiation Bismarck did not himself advocate. Second, his emphasis on blood and iron did not imply simply the unrivaled military might of the Prussian army but rather two important aspects: the ability of the assorted German states to produce iron and other related war materials and the willingness to use those war materials if necessary. By 1862, when Bismarck made his speech,
5313-483: Is presented in § 15 UrhG. The exploitation right must be distinguished from the right of use. The non-transferability of the authorship means that there is no way to transfer the exploitation rights on the whole. However, there is the possibility of granting certain rights of use to someone else, according to the § 31 UrhG. It is up to the author if they want to grant e. g. a publisher the right to reproduce and distribute their work. The non-exclusive right of use entitles
5474-417: Is so because Geschmacksmuster (design patents) and Schriftzeichengesetz (typeface patents) are seen as lex specialis for applied art such that the threshold of originality must not be assumed low for them. This has been confirmed by courts several times, especially for logos, but also for earrings. The Urhebergesetz is an authors' right ( droit d'auteur ) or "monistic" style law. As such there
5635-777: The Act to align copyright law with the current demands of the knowledge‑based society or Urheberrechts-Wissensgesellschafts-Gesetz (abbreviated UrhWissG ) covering the fields of research and education came into force. Authors%27 rights The term is considered as a direct translation of the French term droit d’auteur (also German Urheberrecht ). It was first (1777) promoted in France by Pierre-Augustin Caron de Beaumarchais , who had close relations with Benjamin Franklin . It
5796-605: The Austrian Empire 's sphere of influence. The Congress established a loose German Confederation (1815–1866), headed by Austria, with a "Federal Diet " (called the Bundestag or Bundesversammlung , an assembly of appointed leaders) that met in the city of Frankfurt am Main . Its borders resembled those of its predecessor, the Holy Roman Empire (though there were some deviations e.g. Prussian territory in
5957-575: The Burschenschaften underground, restricted the publication of nationalist materials, expanded censorship of the press and private correspondence, and limited academic speech by prohibiting university professors from encouraging nationalist discussion. The decrees were the subject of Johann Joseph von Görres 's pamphlet Teutschland [archaic: Deutschland] und die Revolution ( Germany and the Revolution ) (1820), in which he concluded that it
6118-534: The Coalition of Austria, Prussia, Russia, Saxony, and Sweden. As a result, the Confederation of the Rhine collapsed and the French period came to an end. Success encouraged the Coalition forces to pursue Napoleon across the Rhine; his army and his government collapsed, and the victorious Coalition incarcerated Napoleon on Elba . During the brief Napoleonic restoration known as the 100 Days of 1815, forces of
6279-533: The Congress of Vienna established a new European political-diplomatic system based on the balance of power . This system reorganized Europe into spheres of influence , which, in some cases, suppressed the aspirations of the various nationalities, including the Germans and Italians. Generally, an enlarged Prussia and the 38 other states consolidated from the mediatized territories of 1803 were confederated within
6440-692: The Congress of Vienna in 1814–1815 after the Napoleonic Wars endorsed Austrian dominance in Central Europe through Habsburg leadership of the German Confederation, designed to replace the Holy Roman Empire. The negotiators at Vienna took no account of Prussia's growing strength within and declined to create a second coalition of the German states under Prussia's influence, and so failed to foresee that Prussia (Kingdom of Prussia) would rise to challenge Austria for leadership of
6601-563: The Electorate of Bavaria , the Margraviate of Brandenburg or the Kingdom of Bohemia . Their governance varied: they included free imperial cities , also of different sizes, such as the powerful Augsburg and the minuscule Weil der Stadt ; ecclesiastical territories, also of varying sizes and influence, such as the wealthy Abbey of Reichenau and the powerful Archbishopric of Cologne ; and dynastic states such as Württemberg . Among
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6762-515: The European Union (EU) usually hold monopolies in their respective national markets. In Germany, case law has established the so-called GEMA Vermutung , a presumption that works are managed by the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) due to its monopoly position. As such, in Germany the burden of proof is on the accused infringer that
6923-549: The Frankfurt Parliament passed the Paulskirchenverfassung (Constitution of St. Paul's Church) and offered the title of Kaiser (Emperor) to the Prussian king Frederick William IV the next month. He refused for a variety of reasons. Publicly, he replied that he could not accept a crown without the consent of the actual states, by which he meant the princes. Privately, he feared opposition from
7084-518: The German Empire later regarded the railways as the first indicator of a unified state; the patriotic novelist, Wilhelm Raabe , wrote: "The German empire was founded with the construction of the first railway..." Not everyone greeted the iron monster with enthusiasm. The Prussian king Frederick William III saw no advantage in traveling from Berlin to Potsdam a few hours faster, and Metternich refused to ride in one at all. Others wondered if
7245-494: The Great Irish Famine ) and several seasons of bad weather, encouraged many to think that the rich and powerful had no interest in their problems. Those in authority were concerned about the growing unrest, political and social agitation among the working classes, and the disaffection of the intelligentsia . No amount of censorship, fines, imprisonment, or banishment, it seemed, could stem the criticism. Furthermore, it
7406-676: The Hohenzollern Kingdom of Prussia (both the German-speaking former Duchy of Prussia and the non-German-speaking entire territory of the Prussian partition of Polish-Lithuanian Commonwealth) as well as the German-speaking Swiss cantons were outside of the Imperial borders. This became known as the practice of Kleinstaaterei ("small-statery") As a further consequence, there was no German national identity in development as late as 1800, mainly due to
7567-473: The Holy Roman Empire . Britain's sphere was the rest of the world, especially the seas. This sphere of influence system depended upon the fragmentation of the German and Italian states, not their consolidation. Consequently, a German nation united under one banner presented significant questions. There was no readily applicable definition for who the German people would be or how far the borders of
7728-568: The Industrial Revolution . The author is the creator of their work, which enjoys copyright protection in accordance with the UrhG, §§ 7, 1, 2 UrhG. Accordingly, all work resulting from a personal intellectual activity is copyright protected. The "principle of non-transferability" of full or divided authorship according to § 29 I UrhG is valid. Therefore, the creator of an original work can neither transfer their personal right as
7889-641: The Kingdom of Hanover . Following the formal secession from the Empire of the majority of its constituent states, the Emperor dissolved the Holy Roman Empire. In his abdication, Francis released all former estates from their duties and obligations to him, and took upon himself solely the title of Emperor of Austria, which had been established since 1804. Under the hegemony of the First French Empire (1804–1814), popular German nationalism thrived in
8050-531: The Kotzebue assassination, Metternich used the popular demonstration at Hambach to push conservative social policy. The "Six Articles" of 28 June 1832 primarily reaffirmed the principle of monarchical authority. On 5 July, the Frankfurt Diet voted for an additional 10 articles, which reiterated existing rules on censorship, restricted political organizations, and limited other public activity. Furthermore,
8211-642: The Punctation of Olmütz , but among Prussians it was known as the "Humiliation of Olmütz." Although seemingly minor events, the Erfurt Union proposal and the Punctation of Olmütz brought the problems of influence in the German states into sharp focus. The question became not a matter of if but rather when unification would occur, and when was contingent upon strength. One of the former Frankfurt Parliament members, Johann Gustav Droysen , summed up
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#17327828610268372-464: The Ruhr Valley without having to unload and reload. Railway lines encouraged economic activity by creating demand for commodities and by facilitating commerce. In 1850, inland shipping carried three times more freight than railroads; by 1870, the situation was reversed, and railroads carried four times more. Rail travel changed how cities looked and how people traveled. Its impact reached throughout
8533-655: The Second War of Schleswig in 1864. Second, the unification of Italy provided Prussia an ally against Austria in the Austro-Prussian War of 1866. Finally, France—fearing Hohenzollern encirclement—declared war on Prussia in 1870, resulting in the Franco-Prussian War . Through a combination of Bismarck's diplomacy and political leadership, von Roon 's military reorganization, and von Moltke 's military strategy, Prussia demonstrated that none of
8694-537: The Seventh Coalition , including an Anglo-Allied army under the command of the Duke of Wellington and a Prussian army under the command of Gebhard von Blücher , were victorious at Waterloo (18 June 1815). The critical role played by Blücher's troops, especially after having to retreat from the field at Ligny the day before, helped to turn the tide of combat against the French. The Prussian cavalry pursued
8855-557: The Sonderweg analysis helpful in understanding the period of National Socialism . After the Frankfurt Parliament disbanded, Frederick William IV, under the influence of General Joseph Maria von Radowitz , supported the establishment of the Erfurt Union —a federation of German states, excluding Austria—by the free agreement of the German princes. This limited union under Prussia would have almost eliminated Austrian influence on
9016-416: The contract . The author could, however, decide whether or not they agreed to have their work exploited regarding a type of use not yet known at the time of conclusion of the contract and if so, by whom. It was intended that the countervalue of granting rights of use for new types of use should always be secured for the author; they should be in the position of negotiating an appropriate fee arrangement. It
9177-441: The "failure" of 1848 reaffirmed latent aristocratic longings among the German middle class; consequently, this group never developed a self-conscious program of modernization. More recent scholarship has rejected this idea, claiming that Germany did not have an actual "distinctive path" any more than any other nation, a historiographic idea known as exceptionalism . Instead, modern historians claim 1848 saw specific achievements by
9338-435: The (exclusive) right of using a stage play to only one theatre ensemble. The right holder, however, can be given the right of independently granting non-exclusive rights of that work if the author agrees, § 31 III 1 UrhG. The right to use a copyright protected work may cover individual or all types of use, § 31 I 1 UrhG. The concept of "type of use" is not defined by law, and there is no list featuring possibilities of use. From
9499-642: The 15th century, with few exceptions, the Empire's Prince-electors had chosen successive heads of the House of Habsburg from the Duchy of Austria to hold the title of Holy Roman Emperor . Although they initially sought to restore central Imperial power, preserving a weak and fragmented Empire was convenient for France and Sweden, and therefore, their ensuing intervention led to the Peace of Westphalia which effectively thwarted for centuries any serious attempts to reinforce
9660-687: The 19th century. The period of Austrian and Prussian police-states and vast censorship between the Congress of Vienna and the Revolutions of 1848 in Germany later became widely known as the Vormärz ("before March"), referring to March 1848. During this period, European liberalism gained momentum; the agenda included economic, social, and political issues. Most European liberals in the Vormärz sought unification under nationalist principles, promoted
9821-412: The 19th century. Reaction to Danish and French nationalism provided for expressions of German unity. Military successes—especially those of Prussia—in three regional wars generated enthusiasm and pride that politicians could harness to promote unification. This experience echoed the memory of mutual accomplishment in the Napoleonic Wars, particularly in the War of Liberation of 1813–1814. By establishing
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#17327828610269982-566: The Austrians and the Prussians, and socio-economic competition among the commercial and merchant interests, and the old land-owning and aristocratic interests. Natural factors included widespread drought in the early 1830s, and again in the 1840s, and a food crisis in the 1840s. Further complications emerged as a result of a shift in industrialization and manufacturing; as people sought jobs, they left their villages and small towns to work during
10143-549: The Central European economy. The invasion of Russia included nearly 125,000 troops from German lands, and the loss of that army encouraged many Germans, both high- and low-born, to envision a Central Europe free of Napoleon's influence. The creation of student militias such as the Lützow Free Corps exemplified this tendency. The debacle in Russia loosened the French grip on the German princes. In 1813, Napoleon mounted
10304-519: The Civil Code (Book Five - Title IX: Of Intellectual property rights and on industrial inventions). Article 54 L.218 / 95 states as the proprietary rights are regulated by state law to use, although the advent of the internet complicate the identification of the place where the activity was carried out. Related rights (in German verwandte Schutzrechte ), often referred to as neighbouring rights as
10465-458: The Confederation was extended to include also the formerly Polish territories of the Lauenburg and Bütow Land and the former Starostwo of Draheim , while Austrian part was extended to include in the years 1818–1850 also the formerly Polish territories of the Duchy of Oświęcim and the Duchy of Zator ), meaning that large portions of both Prussia and Austria were left outside. In recognition of
10626-548: The Creation and Internet law n. 311, High Authority for the dissemination of works and protection of rights on the Internet (HADOPI) may order the ISP (Internet Service Provider), following a process of investigation and a series of warnings, to temporarily or permanently suspend the 'internet access to those who are caught downloading material illegally. The Italian copyright law is governed primarily by Law 22 April 1941 n. 633, on "Protection of copyright and other rights associated with its exercise," and Article 2575 and following of
10787-460: The Empire by the French Third Republic ). Despite the legal, administrative, and political disruption caused by the dissolution of the Holy Roman Empire in 1806, the German-speaking people of the old Empire had a common linguistic, cultural, and legal tradition. European liberalism offered an intellectual basis for unification by challenging dynastic and absolutist models of social and political organization; its German manifestation emphasized
10948-474: The German nationalism of the 1830s and the French nationalism of the July Revolution : the focus of German nationalism lay in the education of the people; once the populace was educated as to what was needed, they would accomplish it. The Hambach rhetoric emphasized the overall peaceable nature of German nationalism: the point was not to build barricades, a very "French" form of nationalism, but to build emotional bridges between groups. As he had done in 1819, after
11109-454: The German peoples. This German dualism presented two solutions to the problem of unification : Kleindeutsche Lösung , the small Germany solution (Germany without Austria), or Großdeutsche Lösung , the greater Germany solution (Germany with Austria or its German-speaking part), ultimately settled in favor of the former solution in the Peace of Prague . Historians debate whether Otto von Bismarck — Minister President of Prussia —had
11270-664: The German states. In this context, one can detect its roots in the experience of Germans in the Napoleonic period. Furthermore, implicit and sometimes explicit promises made during the German Campaign of 1813 engendered an expectation of popular sovereignty and widespread participation in the political process, promises that largely went unfulfilled once peace had been achieved. Despite considerable conservative reaction, ideas of unity joined with notions of popular sovereignty in German-speaking lands. The Burschenschaft student organizations and popular demonstrations, such as those held at Wartburg Castle in October 1817, contributed to
11431-426: The German-speaking states, the Holy Roman Empire's administrative and legal mechanisms provided a venue to resolve disputes between peasants and landlords, between jurisdictions, and within jurisdictions. Through the organization of imperial circles ( Reichskreise ), groups of states consolidated resources and promoted regional and organizational interests, including economic cooperation and military protection. Since
11592-647: The Holy Roman Empire by the First French Empire in the War of the Second Coalition (1798–1802) resulted in crushing the Empire and allied forces by Napoleon Bonaparte . The treaties of Lunéville (1801) and the Mediatization of 1803 secularized the ecclesiastical principalities and abolished most free imperial cities and these territories along with their inhabitants were absorbed by dynastic states. This transfer particularly enhanced
11753-568: The Holy Roman Empire, Frederick countered with the creation of the Fürstenbund (Union of Princes) in 1785. Austrian-Prussian dualism lay firmly rooted in old Imperial politics. Those balance of power manoeuvers were epitomized by the War of the Bavarian Succession , or " Potato War " among common folk. Even after the end of the Holy Roman Empire, this competition influenced the growth and development of nationalist movements in
11914-511: The Kingdom of Prussia in 1858. Meanwhile, Helmuth von Moltke had become chief of the Prussian General Staff in 1857, and Albrecht von Roon would become Prussian Minister of War in 1859. This shuffling of authority within the Prussian military establishment would have important consequences. Von Roon and William (who took an active interest in military structures) began reorganizing the Prussian army, while Moltke redesigned
12075-548: The Polish majority living in the share of Polish territory annexed by Prussia pursued their own liberation agenda . Their pressure resulted in a variety of elections, based on different voting qualifications, such as the Prussian three-class franchise , which weighted votes based on the amount of taxes paid and therefore gave some electoral groups—chiefly the wealthier, landed ones—greater representative power. On 27 March 1849,
12236-485: The Prussian monarchy is now wholly German, while that of Austria cannot be. Unification under these conditions raised a basic diplomatic problem. The possibility of German (or Italian ) unification would overturn the overlapping spheres of influence system created in 1815 at the Congress of Vienna. The principal architects of this convention, Metternich , Castlereagh , and Tsar Alexander (with his foreign secretary Count Karl Nesselrode ), had conceived of and organized
12397-560: The Rhine had been removed by Napoleon's orders, but by the 1820s, steam engines freed riverboats from the cumbersome system of men and animals that towed them upstream. By 1846, 180 steamers plied German rivers and Lake Constance , and a network of canals extended from the Danube , the Weser , and the Elbe rivers. As important as these improvements were, they could not compete with the impact of
12558-603: The Rhineland, the site of so many confrontations with France and Spain. The widespread—mainly German— revolutions of 1848–49 sought unification of Germany under a single constitution. The revolutionaries pressured various state governments, particularly those in the Rhineland , for a parliamentary assembly that would have the responsibility to draft a constitution. Ultimately, many of the left-wing revolutionaries hoped this constitution would establish universal male suffrage ,
12719-419: The U. S. work for hire principle. Although the following comparison is simplistic and dependent on the exact laws of individual countries, it is difficult to see an effective (economic) difference in the two situations: Civil law systems have also been forceful in protecting the moral rights of authors, arguing that their creativity deserves protection as an integral part of their personality. The protection of
12880-701: The Wartburg rally in 1817 and the Hambach Festival in 1832 had lacked any clear-cut program of unification. At Hambach, the positions of the many speakers illustrated their disparate agendas. Held together only by the idea of unification, their notions of how to achieve this did not include specific plans but instead rested on the nebulous idea that the Volk (the people), if properly educated, would bring about unification on their own. Grand speeches, flags, exuberant students, and picnic lunches did not translate into
13041-435: The author always retains some rights to the work, including the right to prevent defacing and to be identified as the author. Employment agreements are frequently construed as granting the employer an exclusive licence to any works created by the employee within the scope of their obligations. For computer software , the copyright act expressly provides that all economic usage rights (as opposed to personality rights) "belong" to
13202-494: The author can grant. The types of use have changed and evolved in the course of technical development and they still continue to do so. The term "kind of use" refers to "all technically and economically concretised utilisation of an author's work, meaning that the parties to a contract have specified the use of the work as required for achieving the contractual purpose. The kinds of use listed in § 15 UrhG can be subdivided into several rights of use which again can be matched, each, with
13363-402: The circumstances to create a war, rather than a grand scheme to unify a nation-state. Regardless of motivation, by manipulating events of 1866 and 1870, Bismarck demonstrated the political and diplomatic skill that had caused Wilhelm to turn to him in 1862. Three episodes proved fundamental to the unification of Germany. First, the death without male heirs of Frederick VII of Denmark led to
13524-401: The concession of rights of use for yet unknown types and the legal obligations resulting therefrom ineffective and it limited the rights of use down to only the types of use known at that time. It was intended that the author should be protected to the best possible extent against an unlimited exploitation of their rights due to types of use which could not be foreseen at the time of conclusion of
13685-518: The copyright itself cannot be transferred as long as the author is alive. However, the author can choose whether or not they want to grant certain exploitation rights regarding their copyright protected work to another one. The authorised person purchases the warranty to utilise the work in the granted way, separated into several types of use. The right of use can be granted as a non-exclusive right or an exclusive right of use. It can be granted with restrictions on spatial and temporal usage or restrictions on
13846-549: The crisis in favor of the war minister. The Crimean War of 1854–55 and the Italian War of 1859 disrupted relations among Great Britain, France, Austria, and Russia. In the aftermath of this disarray, the convergence of von Moltke's operational redesign, von Roon and Wilhelm's army restructure, and Bismarck's diplomacy influenced the realignment of the European balance of power. Their combined agendas established Prussia as
14007-465: The customary date of the German Empire 's foundation, although the legally meaningful events relevant to the accomplishment of unification occurred on 1 January 1871 ( accession of South German states and constitutional adoption of the name "German Empire" ), 4 May 1871 (entry into force of the permanent Constitution of the German Empire ) and 10 May 1871 ( Treaty of Frankfurt and recognition of
14168-473: The defeated French in the evening of 18 June, sealing the allied victory. From the German perspective, the actions of Blücher's troops at Waterloo, and the combined efforts at Leipzig, offered a rallying point of pride and enthusiasm. This interpretation became a key building block of the Borussian myth expounded by the pro-Prussian nationalist historians later in the 19th century. After Napoleon's defeat,
14329-549: The early 19th century, German roads had deteriorated to an appalling extent. Travelers, both foreign and local, complained bitterly about the state of the Heerstraßen , the military roads previously maintained for the ease of moving troops. As German states ceased to be a military crossroads, however, the roads improved; the length of hard–surfaced roads in Prussia increased from 3,800 kilometers (2,400 mi) in 1816 to 16,600 kilometers (10,300 mi) in 1852, helped in part by
14490-593: The early 9th century AD, large parts of Europe had been united under the rule of the Frankish leader Charlemagne , who expanded the Frankish Empire (Francia) in several directions including east of the Rhine, where he conquered Saxons and Frisians . A confederated realm of German princedoms , along with some adjacent lands, had been in existence for over a thousand years; dating to the Treaty of Verdun i.e.
14651-411: The eighteenth century to address similar problems: the inequality in relations between authors and publishers (and between publishers themselves) if intellectual property is not recognized and protected, and the need to provide an income for authors other than patronage . Both systems provide for a monopoly right granted to the author for a limited term which can be transferred to another person, which
14812-404: The eligibility of works of applied art on the one hand and other types of work on the other, especially fine art . While the barrier is usually very low for fine art and protection is granted even for minimal creativity (dubbed " kleine Münze ", literally "small coin" or "small change"), there are extremely high standards for applied art to be reached for it to achieve copyright protection . This
14973-616: The employer. A recent amendment of the Urhebergesetz (sec. 31a, included in 2008) has created the possibility to grant licences for "unknown uses", i.e. permit use of works in media not known at the time the licence is granted. Previously this had not been possible, so that even "unrestricted" licences granted before the mid-1990s did not (and could not) include the right to use the work on the internet, which created considerable practical problems. Copyright collecting societies that collect royalties as part of compulsory licensing in
15134-567: The establishment of East Francia from eastern Frankish Empire in east of the Rhine in 843, especially when the Ottonian dynasty took power to rule East Francia in 919. The realm later in 962 made up the core of the Holy Roman Empire , which at times included more than 1,000 entities and was called the "Holy Roman Empire of the German Nation" from 1512 with the Diet of Cologne (new title
15295-441: The exploitation concerning the contents, § 31 I 2 UrhG. The copyright law protects an author regarding their intellectual and personal relationship to the work and the types of its utilisation, § 11 UrhG. According to § 11 UrhG the author shall participate in all kinds of utilisation of their work. The author’s economic interests in their work shall be protected by the exploitation rights. A (not final) list of exploitation rights
15456-515: The free-wheeling German situation, he notes that in 1843 about 14,000 new publications, including a high proportion of academic works, were published in Germany, compared to only about 1,000 publications in England. In England publishers exploited their position, paying authors little, while selling their products for the well-to-do. In Germany, publishers had to sell cheaply to the masses in a competitive market, aside from producing luxury editions for
15617-450: The future under less rigorous constituent elements. Finally it remains the author's decision whether they grant the rights to exploit their work via a new, yet unknown type of use or not. They can prevent that the utilisation of their work be tied to a yet unknown type of use or they can negotiate new and individual conditions if they chooses to grant the right of utilisation in connection with yet unknown types of use. On 1 March 2018,
15778-406: The highly autonomous or semi-independent nature of the princely states; most inhabitants of the Holy Roman Empire , outside of those ruled by the emperor directly, identified themselves mainly with their prince rather than with the Empire or the nation as a whole. However, by the 19th century, transportation and communications improvements started to bring these regions closer together. Invasion of
15939-532: The historiographical explanations of German nation building. One school of thought, which emerged after The Great War and gained momentum in the aftermath of World War II , maintains that the failure of German liberals in the Frankfurt Parliament led to bourgeoisie compromise with conservatives (especially the conservative Junker landholders), which subsequently led to the so-called Sonderweg (distinctive path) of 20th-century German history. Failure to achieve unification in 1848, this argument holds, resulted in
16100-473: The idea of a German nation-state in the peaceful spirit of Pan-Germanism had shifted from the liberal and democratic character of 1848 to accommodate Bismarck's more conservative Realpolitik . Bismarck sought to link a unified state to the Hohenzollern dynasty, which for some historians remains one of Bismarck's primary contributions to the creation of the German Empire in 1871. While the conditions of
16261-575: The imperial central authority and petrified fragmentation, resulting in the German-speaking territories comprising on the eve of the Napoleonic Wars still more than 300 political entities, most of them being parts of the Holy Roman Empire , though portions of the extensive Habsburg Monarchy (exclusively its large non-German-speaking territories: Lands of the Crown of Saint Stephen and the Austrian partition of Polish-Lithuanian Commonwealth) or of
16422-543: The imperial position traditionally held by the Habsburgs, the emperors of Austria became the titular presidents of this parliament. Despite the nomenclature of Diet (Assembly or Parliament), this institution should in no way be construed as a broadly, or popularly, elected group of representatives. Many of the states did not have constitutions, and those that did, such as the Duchy of Baden , based suffrage on strict property requirements which effectively limited suffrage to
16583-693: The importance of tradition, education, and linguistic unity. Economically, the creation of the Prussian Zollverein (customs union) in 1818, and its subsequent expansion to include other states of the Austria (under Austrian Empire )-led German Confederation , reduced competition between and within states. Emerging modes of transportation facilitated business and recreational travel, leading to contact and sometimes conflict between and among German-speakers from throughout Central Europe . The model of diplomatic spheres of influence resulting from
16744-485: The invention of macadam . By 1835, Heinrich von Gagern wrote that roads were the "veins and arteries of the body politic..." and predicted that they would promote freedom, independence and prosperity. As people moved around, they came into contact with others, on trains, at hotels, in restaurants, and for some, at fashionable resorts such as the spa in Baden-Baden . Water transportation also improved. The blockades on
16905-418: The late formation of the nation-state in 1871, which in turn delayed the development of positive national values. Hitler often called on the German public to sacrifice all for the cause of their great nation, but his regime did not create German nationalism: it merely capitalized on an intrinsic cultural value of German society that still remains prevalent even to this day. Furthermore, this argument maintains,
17066-520: The leadership of the Austrian Habsburgs . This controversy, the latest phase of the German dualism debate that had dominated the politics of the German states and Austro-Prussian diplomacy since the 1701 creation of the Kingdom of Prussia , would come to a head during the following twenty years. Other nationalists had high hopes for the German unification movement, and the frustration with lasting German unification after 1850 seemed to set
17227-618: The leading German power through a combination of foreign diplomatic triumphs—backed up by the possible use of Prussian military might—and an internal conservatism tempered by pragmatism, which came to be known as Realpolitik . Bismarck expressed the essence of Realpolitik in his subsequently famous "Blood and Iron" speech to the Budget Committee of the Prussian Chamber of Deputies on 30 September 1862, shortly after he became Minister President: "The great questions of
17388-469: The liberal politicians. Many of their ideas and programs were later incorporated into Bismarck's social programs (e.g., social insurance, education programs, and wider definitions of suffrage). In addition, the notion of a distinctive path relies upon the underlying assumption that some other nation's path (in this case, the United Kingdom's) is the accepted norm. This new argument further challenges
17549-502: The linguistic unity of the German people but also their geographic unity. In Deutschland, Deutschland über Alles , officially called Das Lied der Deutschen (" The Song of the Germans "), Fallersleben called upon sovereigns throughout the German states to recognize the unifying characteristics of the German people. Such other patriotic songs as " Die Wacht am Rhein " ("The Watch on the Rhine") by Max Schneckenburger began to focus attention on geographic space, not limiting "Germanness" to
17710-577: The member states agreed to send military assistance to any government threatened by unrest. Prince Wrede led half of the Bavarian army to the Palatinate to "subdue" the province. Several hapless Hambach speakers were arrested, tried and imprisoned; one, Karl Heinrich Brüggemann (1810–1887), a law student and representative of the secretive Burschenschaft , was sent to Prussia, where he was first condemned to death, but later pardoned. Crucially, both
17871-415: The mind" ( oeuvres de l'esprit and persönliche geistige Schöpfungen , respectively). This has led civil law systems to adopt a strong link between the rights (at least initially) and the person of the author: the initial ownership rights by a corporation are severely restricted or even impossible (as in Germany ). Common law jurisdictions are more willing to accept corporate ownership of copyright, as in
18032-402: The moral rights of an author is based on the view that a creative work is in some way an expression of the author's personality : the moral rights are therefore personal to the author and cannot be transferred to another person except by testament when the author dies. The moral rights regime differs greatly between countries, but typically includes the right to be identified as the author of
18193-457: The national movement back. Revolutionaries associated national unification with progress. As Giuseppe Garibaldi wrote to German revolutionary Karl Blind on 10 April 1865, "The progress of humanity seems to have come to a halt, and you with your superior intelligence will know why. The reason is that the world lacks a nation [that] possesses true leadership. Such leadership, of course, is required not to dominate other peoples but to lead them along
18354-420: The new § 31a UrhG by the end of December 2007. Since then the parties are able to enter into a so-called buy-out contract, meaning that the author will grant all rights of use of the known and yet unknown type of use to the other party. According to its personal scope of application, § 31a UrhG affects solely contracts between the author or their legal successor and the right holder. As a future economic success
18515-467: The no doubt distant future free nations might combine to form a loosely federal Europe with some kind of federal assembly to regulate their common interests. [...] His intention was nothing less than to overturn the European settlement agreed [to] in 1815 by the Congress of Vienna, which had reestablished an oppressive hegemony of a few great powers and blocked the emergence of smaller nations. [...] Mazzini hoped, but without much confidence, that his vision of
18676-633: The norms of the British-centric model of development: studies of national development in Britain and other "normal" states (e.g., France or the United States) have suggested that even in these cases, the modern nation-state did not develop evenly. Nor did it develop particularly early, being rather a largely mid-to-late-19th-century phenomenon. Since the end of the 1990s, this view has become widely accepted, although some historians still find
18837-413: The other German princes and military intervention from Austria or Russia. He also held a fundamental distaste for the idea of accepting a crown from a popularly elected parliament: he would not accept a crown of "clay". Despite franchise requirements that often perpetuated many of the problems of sovereignty and political participation liberals sought to overcome, the Frankfurt Parliament did manage to draft
18998-581: The other German states. Combined diplomatic pressure from Austria and Russia (a guarantor of the 1815 agreements that established European spheres of influence) forced Prussia to relinquish the idea of the Erfurt Union at a meeting in the small town of Olmütz in Moravia. In November 1850, the Prussians—specifically Radowitz and Frederick William—agreed to the restoration of the German Confederation under Austrian leadership. This became known as
19159-468: The outbreak of the Franco-Prussian War in 1870. Historians have long debated Bismarck's role in the events leading up to the war. The traditional view, promulgated in large part by late 19th- and early 20th-century pro-Prussian historians, maintains that Bismarck's intent was always German unification. Post-1945 historians, however, see more short-term opportunism and cynicism in Bismarck's manipulation of
19320-411: The path of duty, to lead them toward the brotherhood of nations where all the barriers erected by egoism will be destroyed." Garibaldi looked to Germany for the "kind of leadership [that], in the true tradition of medieval chivalry, would devote itself to redressing wrongs, supporting the weak, sacrificing momentary gains and material advantage for the much finer and more satisfying achievement of relieving
19481-526: The personality in common law jurisdiction has for long been separate from the law of copyright, embodied in such torts as defamation (also passing off and malicious falsehood ). Moral rights were not, therefore, explicitly mentioned in UK copyright law until 1988, over a century after the United Kingdom signed the Berne Convention. The difference runs both ways: UK and Irish copyright laws protect
19642-678: The polity resulting from the unification process continues its existence, surviving until today in its contemporary form known as the Federal Republic of Germany . Germans emerged in medieval times among the descendants of the Romanized Germanic peoples in the area of modern western Germany, between the Rhine and Elbe rivers, particularly the Franks , Frisians , Saxons , Thuringii , Alemanni , and Baiuvarii . The region
19803-544: The privacy of the subject of certain photographs and films as a moral right under copyright law, while civil law systems treat this as a separate portrait right . The different protections of industrial design rights cut across the divide between the two systems of law. The term "authors' rights" is used in European Union law to avoid ambiguity, in preference to the more usual translation of droit d’auteur etc. as "copyright". The equivalent term in British and Irish law
19964-399: The problem: We cannot conceal the fact that the whole German question is a simple alternative between Prussia and Austria. In these states, German life has its positive and negative poles—in the former, all the interests [that] are national and reformative, in the latter, all that are dynastic and destructive. The German question is not a constitutional question but a question of power; and
20125-416: The protected work being created, although the exact definition varies from country to country. Authors' rights have two distinct components: the economic rights in the work and the moral rights of the author. The economic rights are a property right which is limited in time and which may be transferred by the author to other people in the same way as any other property (although many countries require that
20286-491: The railway. German economist Friedrich List called the railways and the Customs Union "Siamese Twins", emphasizing their important relationship to one another. He was not alone: the poet August Heinrich Hoffmann von Fallersleben wrote a poem in which he extolled the virtues of the Zollverein , which he began with a list of commodities that had contributed more to German unity than politics or diplomacy. Historians of
20447-628: The railways were an "evil" that threatened the landscape: Nikolaus Lenau 's 1838 poem An den Frühling ( To Spring ) bemoaned the way trains destroyed the pristine quietude of German forests. The Bavarian Ludwig Railway , which was the first passenger or freight rail line in the German lands, connected Nuremberg and Fürth in 1835. Although it was 6 kilometers (3.7 mi) long and only operated in daylight, it proved both profitable and popular. Within three years, 141 kilometers (88 mi) of track had been laid, by 1840, 462 kilometers (287 mi), and by 1860, 11,157 kilometers (6,933 mi). Lacking
20608-696: The rates of the Zollverein. Brunswick joined the Zollverein Customs Union in 1842, while Hanover and Oldenburg finally joined in 1854 After the Austro-Prussian war of 1866, Schleswig, Holstein and Lauenburg were annexed by Prussia and thus annexed also to the Customs Union, while the two Mecklenburg states and the city states of Hamburg and Bremen joined late because they were reliant on international trade. The Mecklenburgs joined in 1867, while Bremen and Hamburg joined in 1888 . By
20769-410: The reorganized German states. Due in part to the shared experience, albeit under French dominance, various justifications emerged to identify "Germany" as a potential future single state. For the German philosopher Johann Gottlieb Fichte , The first, original, and truly natural boundaries of states are beyond doubt their internal boundaries. Those who speak the same language are joined to each other by
20930-434: The requirement of written form, the right of rescission and the conditions of expiry and omission of rescission as being indispensable in advance. Since 1 January 2008 the new § 31a UrhG deals with new types of use. However, the contractual granting of rights to use yet unknown types of use is principally not impossible any more, but tied to appointed conditions. So far it is possible that a new type of use will be evaluated in
21091-415: The right holder to use the work only as allowed by contractual terms and without exclusion of possible usage by a third party, § 31 II UrhG. e.g. the author can grant a non-exclusive right of using a stage play to not just one but several theatre ensembles. The exclusive right of use, entitles the right holder to use the work exclusively as allowed by contractual terms meaning no other person can be given
21252-484: The same concept of " copyright ". They are not directly covered by the Berne Convention , but are internationally protected by other treaties such as the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations . Unification of Germany The unification of Germany ( German : Deutsche Einigung , pronounced [ˈdɔʏtʃə ˈʔaɪnɪɡʊŋ] )
21413-401: The small town of Hambach, in the Palatinate province of Bavaria. Carrying flags, beating drums, and singing, the participants took the better part of the morning and mid-day to arrive at the castle grounds, where they listened to speeches by nationalist orators from across the conservative to radical political spectrum. The overall content of the speeches suggested a fundamental difference between
21574-428: The social order, affecting the highest born to the lowest. Although some of the outlying German provinces were not serviced by rail until the 1890s, the majority of the population, manufacturing centers, and production centers were linked to the rail network by 1865. As travel became easier, faster, and less expensive, Germans started to see unity in factors other than their language. The Brothers Grimm , who compiled
21735-517: The south of Prussia had joined the Customs Union, except Austria. In contrast, the coastal states already had barrier free access to international trade and did not want consumers and producers burdened with the import duties they would pay if they were within the Zollverein customs border. Hanover on the north coast formed its own customs union – the "Tax Union" or Steuerverein – in 1834 with Brunswick and with Oldenburg in 1836. The external tariffs on finished goods and overseas raw materials were below
21896-476: The spring of 1834, while at Berne, Mazzini and a dozen refugees from Italy, Poland and Germany founded a new association with the grandiose name of Young Europe . Its basic, and equally grandiose idea, was that, as the French Revolution of 1789 had enlarged the concept of individual liberty, another revolution would now be needed for national liberty; and his vision went further because he hoped that in
22057-425: The strategic defense of Prussia by streamlining operational command. Prussian army reforms (especially how to pay for them) caused a constitutional crisis beginning in 1860 because both parliament and William—via his minister of war—wanted control over the military budget. William, crowned King Wilhelm I in 1861, appointed Otto von Bismarck to the position of Minister-President of Prussia in 1862. Bismarck resolved
22218-463: The suffering of our fellow men. We need a nation courageous enough to give us a lead in this direction. It would rally to its cause all those who are suffering wrong or who aspire to a better life and all those who are now enduring foreign oppression." German unification had also been viewed as a prerequisite for the creation of a European federation, which Giuseppe Mazzini and other European patriots had been promoting for more than three decades: In
22379-484: The territories of Württemberg and Baden . In 1806, after a successful invasion of Prussia and the defeat of Prussia at the joint battles of Jena-Auerstedt 1806 during the War of the Third Coalition , Napoleon dictated the Treaty of Pressburg which included the formal dissolution of the Holy Roman Empire and the abdication of Emperor Francis II from the nominal reign over it. Napoleon established instead
22540-588: The theft, are five years in prison and are the strictest in Europe. Even children under 18 years may be indicted for the offence. In addition, following the judgment of 20 October 1993 on the case Phil Collins, it was launched Article 12 (in the Treaty establishing the European Community), according to which states cannot discriminate against goods from other countries. Since October 2009, as required under
22701-415: The time will not be resolved by speeches and majority decisions—that was the great mistake of 1848 and 1849—but by iron and blood." Bismarck's words, "iron and blood" (or "blood and iron", as often attributed), have often been misappropriated as evidence of a German lust for blood and power. First, the phrase from his speech "the great questions of time will not be resolved by speeches and majority decisions"
22862-442: The transfer must be in the form of a written contract ). They are intended to allow the author or their holder to profit financially from their creation, and include the right to authorize the reproduction of the work in any form (Article 9, Berne Convention) . The authors of dramatic works (plays, etc.) also have the right to authorize the public performance of their works (Article 11, Berne Convention). The protection of
23023-494: The transition to capitalism, sought the expansion of male suffrage, among other issues. Their "radicalness" depended upon where they stood on the spectrum of male suffrage : the wider the definition of suffrage, the more radical. The surge of German nationalism , stimulated by the experience of Germans in the Napoleonic period and initially allied with liberalism , shifted political, social, and cultural relationships within
23184-408: The treaties binding the various German states to one another prohibited Bismarck from taking unilateral action, the politician and diplomat in him realized the impracticality of this. To get the German states to unify, Bismarck needed a single, outside enemy that would declare war on one of the German states first, thus providing a casus belli to rally all Germans behind. This opportunity arose with
23345-424: The wealthy. Höffner believes that the availability of bestsellers and academic works at low prices fostered a wide, educated readership; he also argues that the lack of copyright benefited the authors financially. Eventually copyright laws were enacted throughout Germany, and with unification , in 1871, such laws also became enforceable. In the meantime, Höffner contends, Britain had lost its intellectual head start on
23506-417: The week in the cities, returning for a day and a half on weekends. The economic, social and cultural dislocation of ordinary people, the economic hardship of an economy in transition, and the pressures of meteorological disasters all contributed to growing problems in Central Europe. The failure of most of the governments to deal with the food crisis of the mid-1840s, caused by the potato blight (related to
23667-482: The whole or just partially without adverse legal consequences. The general possibility of revoking one's former decision according to § 31a UrhG will prevent any comprehensive and legally binding licensing of known and yet unknown types of use (as usual in US-American law) within the framework of German copyright law in the future. § 31a UrhG corresponds to the severe character of § 31 IV UrhG. It severely regulates
23828-424: The wording of § 31 I 1 UrhG ( "einzelne oder alle" , "several or all") it can be inferred that each type of use shows distinctive characteristics. A type of use must, thus, be clearly distinguishable from any other type of use. For each type of use there is consequently a corresponding right of use. If there are several types of use in connection with their work, there will be, in proportion, various rights of use
23989-436: The work and the right to object to any distortion or mutilation of the work which would be prejudicial to the author's honor or reputation (Article 6bis, Berne Convention). In many countries, the moral rights of an author are perpetual. It is common to draw a distinction in the treatment of authors and other interested parties between common law jurisdictions and civil law systems. Both copyright and authors' rights arose in
24150-539: The work is not managed by GEMA. Germany has implemented the EU Copyright Directive 93/98/EEC. Parts of the Directive were based on German authors' right law in the first place, e.g. the duration of copyright term : German authors' right law had previously granted protection for 70 years after the death of the author, which was the longest term of all EU member states ; prior to 1965, the protection
24311-611: The years of French hegemony contributed to a sense of common cause to remove the French invaders and reassert control over their own lands. The Napoleon's campaigns in Poland (1806–07) resulting in his decision to re-establish a form of Polish statehood (the Duchy of Warsaw ) at the cost of also Prussian-conquered Polish territories, as well as his campaigns on Iberian Peninsula , in western Germany, and his disastrous invasion of Russia in 1812 disillusioned many Germans, princes and peasants alike. Napoleon's Continental System nearly ruined
24472-501: Was a process of building the first nation-state for Germans with federal features based on the concept of Lesser Germany (one without Habsburgs ' multi-ethnic Austria or its German-speaking part). It commenced on 18 August 1866 with adoption of the North German Confederation Treaty establishing the North German Confederation , initially a military alliance de facto dominated by Prussia which
24633-491: Was absent and not enforceable. Prussia introduced a copyright law rather late, in 1837, but even then authors and publishers just had to go to another German state to circumvent its ruling. Höffner argues that, as a result, there was a massive proliferation of books, fostering the spread of knowledge and laying the foundation for the country's eventual industrial ascendency. Comparing the English system, where copyright ruled, to
24794-635: Was adopted partly because the Empire lost most of its territories in Italy and Burgundy to the south and west by the late 15th century, but also to emphasize the new importance of the German Imperial Estates in ruling the Empire due to the Imperial Reform ). The states of the Holy Roman Empire ranged in size from the small and complex territories of the princely Hohenlohe family branches to sizable, well-defined territories such as
24955-561: Was becoming increasingly clear that both Austria and Prussia wanted to be the leaders in any resulting unification; each would inhibit the drive of the other to achieve unification. Formation of the Zollverein , an institution key to unifying the German states economically, helped to create a larger sense of economic unification. Initially conceived by the Prussian Finance Minister Hans, Count von Bülow , as
25116-463: Was both impossible and undesirable to repress the free utterance of public opinion by reactionary measures. The Hambach Festival ( Hambacher Fest ) in May 1832 was attended by a crowd of more than 30,000. Promoted as a county fair , its participants celebrated fraternity, liberty, and national unity. Celebrants gathered in the town below and marched to the ruins of Hambach Castle on the heights above
25277-510: Was divided into long-lasting divisions, or " Stem duchies ", based upon these ethnic designations, under the dominance of the western Franks starting with Clovis I , who established control of the Romanized and Frankish population of Gaul in the 5th century, and began a new process of conquering the peoples east of the Rhine. In subsequent centuries the power of the Franks grew considerably. By
25438-537: Was initially the right to copy or otherwise reproduce the work (hence "copyright") but has since been expanded to take account of technological developments. It is an essential feature of authors' rights and of many copyright laws that the object which is protected must arise from the creativity of the author rather than from their simple effort or investment (see Feist v. Rural in the United States ): both French and German copyright laws protect "works of
25599-459: Was life plus 80 years. According to historian Eckhard Höffner the 1710 introduction of copyright law in what was then Great Britain and later in France acted as a barrier to economic progress for over a century, while Germany prospered in the same time frame due to the lack of copyright laws. At that time Germany did not yet exist as a unified nation; and the many states that comprised the German territories were still primarily agrarian. Copyright law
25760-571: Was particularly important for the emerging industrial centers, most of which were located in the Prussian regions of the Rhineland , the Saar , and the Ruhr valleys. States more distant from the coast joined the Customs Union earlier. Not being a member mattered more for the states of south Germany, since the external tariff of the Customs Union prevented customs-free access to the coast (which gave access to international markets). Thus, by 1836, all states to
25921-619: Was subsequently deepened through adoption of the North German Constitution . The process symbolically concluded when most of south German states joined the North German Confederation with the ceremonial proclamation of the German Empire i.e. the German Reich having 25 member states and led by the Kingdom of Prussia of Hohenzollerns on 18 January 1871; the event was later celebrated as
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