Copyright infringement
Copyright infringement is a violation of the copyright. What is meant is usually a violation of the rights of exploitation defined in the Copyright Act or the appropriation of someone else's work under his own name ( plagiarism). A common violation is in an unlawfully manufactured or distributed a copy of copyrighted - mostly electronic - media. These copies are often cited in reference to the centuries- old notion pirated pirated copy. In addition, there is the colloquial name pirate copy, but is meant to violate the copyright illegal copy. In the media, there may be movies, music, books, computer programs, databases, or other copyrighted material. It remains under the Payment of the author or copyright holder, which had taken place on the purchase of a legal copy.
Other copyright infringement, for example, lie in the modification of a work or of his title. Unauthorized processing or transformation of a work is also a copyright infringement.
Historically, copyright infringement is a relatively new phenomenon, because copyright only existed for a few centuries and only in the 20th century reached today's decades- long period of protection. Before, for example, the copying or reprinting of books, the acquisition of songs of a singer by the general public or other musicians, the design of the narrative material by various authors in different directions etc. normal operations. Not to the content - property was only on the material supports - for example on a book as an object. However, the rights have been tightened.
Thanks to new techniques took to the economic consequences of illegal copies ever greater dimensions. Particularly notable is that since the 1990s and at home easily possible copying digital source material, which allows a 1- to-1 copy without further quality loss with little time and cost of materials.
- 2.1 Technical means
- 2.2 copy protection circumvention
Legal
Criminality
In commercial trade copyright infringement fines or imprisonment may lead to ( in Germany according to § 106 of the Copyright Act ). The same is true in the private sector for the provision ( "Upload" ) of copyrighted works.
Injunctive Relief
The rights holder can admonish charge. This is an extrajudicial omission prompt. To avoid the risk of repetition of an imitator is invited to submit. If this is done by a lawyer who Abgemahnt must bear the legal costs. Unless the warning deprived of their rights. For a simply supported case, with minor breach of the law and without any warning businesslike interest are limited in accordance with § 97a to 100 euros. Without delivery of a cease and desist letter can be requested or an omission is actionable in urgent cases an injunction.
License compensation
The rights holder has in Germany against the infringer a claim for damages. It is measured usually by the appropriate license fee; § 97 In case of unlawful use of photos, the honorary list of Mittelstandsgemeinschaft photo marketing has naturalized. For articles, the remuneration rules of German Journalists' Association put through than conventional licenses. It remains to be noted, however, that the license compensation of the associations may not be used as a quasi- law, but still have to compete on the market and reasonableness.
Private copy
Making a copy for personal use is not illegal in the rule. This does not include downloads from peer-to -peer networks, because there hosted file may manifestly unlawful is on the web. See further under file sharing.
During the making of copies for private use in Germany ( § 53 German Copyright Act) and Austria ( § 42 German Copyright Act) is allowed under certain circumstances, is the dissemination of copies in almost all (eg not in Antigua and Barbuda, Netherlands Antilles ) countries of the world against the law, violations of intellectual property rights can be legally prosecuted and punished. However, spreading the practice in many countries ( especially in Russia, Southeast Asia and Africa ) is not actively pursued.
The legal situation in Austria is similar to Germany in broad terms. With regard to schools and universities in Austria, § 42 para 6 of the Copyright Act, but shall not for the purposes of teaching or the teaching in the extent justified by copies in the number of " required " for a particular class or course to produce and distribute; this also applies to musical notes. The compensation paid by the universities Reprographievergütung in the special form of operator compensation ( § 42b para 2 item 2 of the Copyright Act ).
Entertainment media
To counter the illegal and free use of filesharing as a legal alternative, provides the music industry now have their own download opportunities which enable customers to download licensed music on their computer. For Audio CDs, various copy protection methods have been introduced that are designed to prevent the copying of music and sharing. However, since this method violate the technical specifications of audio CDs, legally purchased CDs may not play on some devices or computers. These CDs no longer meet the agreed and defined in the Red Book specifications for compact discs and are therefore not real audio CDs ( therefore often referred to as "Un - CDs " ) and provide so often for additional resentment among the paying customers.
The question of whether dubbing of copy-protected CDs via the analog output represents a circumvention of copy protection is controversial. In numerous magazines, it is represented as a permitted option, since the analog Play the intended use of an audio CD equivalent.
In order to prevent unauthorized recording of movies, put cinema operators increasingly common night vision devices in order to track down people with video cameras. However, often Screener be copied illegally.
Technical means
To get free and almost all popular movies, music and games, most popular file-sharing programs or the IRC network to be used. Therefore, the film and music industry tried to ban file sharing or the software used. However, some file sharing networks are decentralized, so that it is not possible in practice, so that the prohibition; also argue provider of file sharing that they are only the intermediary data and much of the data traffic on legal content - is due - such as free software. Just as well you could ban the post office, is delivering among other stolen goods.
The problem for manufacturers of commercial software with this is that there is no effective copy. Many so-called cracker Groups bring shortly after the release of new programs usually also equal to the matching serial number or crack out. Cracks usually replace original files or change them easily - with the aim to overcome the copy protection.
Another technique used to circumvent copy protection methods are CD -ROM emulators. To this end, an image of the original CD-ROM is generated. This can be stored on any storage medium, and are distributed globally or locally in addition, for example, via the Internet or LAN. By means of a virtual CD -ROM drive, these images can then be integrated into the system. So the program is fooled, the original CD would be in a CD- ROM drive. There are now copy protection methods that require the uninstallation of such CD emulators before the copy protected program can be started, which is problematic since such emulators can also be used for other purposes, however. Also checking can on such programs with various programs, called to be "anti- blacklisting tools", circumvented either try to emulate to hide or manipulate the copy protected program.
Copy protection circumvention
Not allowed are copies of copy-protected disk. Once a copy guard is present or " effective", it must not be bypassed, even if the songs are converted to MP3 to play them, for example on an MP3 player. When a copy can be referred to as "effective" has been previously established beyond reasonable doubt.
The direct circumvention of copy protection to create a private copy is prohibited but not punishable. However, make claims for damages against the creator of the copies submitted in such cases the rights holders.
Recording from the TV is harmless. DVDs are protected for the most part by Content Scramble System (CSS). Analog recordings are permitted in so far as, for example, DVDs are not protected by Macrovision.
Private copies of copy-protected digital media may therefore be made legal with the exceptions mentioned, indirectly via the analog recording, by playing. It is not forbidden, save the playback of a DVD or music CD and then burn this material again as a DVD or CD. These can be shared with friends.
As part of the second amendment to the copyright laws, this possibility needs to be changed for legal copy to the effect that a copy of analogous created can also lead to claims for damages from the copyright holder.
Copy protection mechanisms of Un CDs often work only in the context of a particular software or operating system (usually Windows).
Copyright infringement on the Internet
The Internet facilitates a simpler data exchange and, because of the international, through the variety of existing copyright laws copyright infringement.
With the proliferation of the Internet offer anonymizing services such as proxy servers and virtual private networks (VPNs ) the opportunity to disseminate copyrighted works illegally, without inquiry on the respective user who uses the anonymity provider for dissemination to prove. This anonymization providers usually sit in countries with very liberal Internet law. Some German Tor server for example, send illegal copyrighted works. Although they could not prove that they are not the source of the data, but only forward, and the source could not demonstrate the provider has not had to adhere. The police were clearly overwhelmed with the situation, which led to the seizure, for example, some Tor server to find out the source themselves, which of course they did not succeed due to the technique used.
Also on Sharehoster ( eg Rapidshare ) protected works be distributed illegally. According to a judgment of the LG Dusseldorf liable Rapidshare for all copyright infringements who commit its user, as spoilers. In addition, the company is obliged to take the necessary measures to prevent copyright infringement. ( Audit requirement )
Protected works can be sent from abroad, as the Internet extends over many countries in which the copyright of the respective other country is not recognized. Therefore, the national law enforcement is difficult. An idea is not to sue these foreign stations, but to lock in the national network. In Germany, however, this is not applied. Some critics call this procedure "Internet censorship".
Since copyright holder for the above reasons can enforce their rights bad, use it as a way out technical copy protection measures to prevent unauthorized persons to the use of copies of the data.
Developments
Even massive prosecution of perpetrators and precedents as in the U.S. against Jammie Thomas and Joel Tenenbaum scare most users do not off; the popularity of file-sharing continues to increase. With such a mass phenomenon, it is almost impossible for prosecutors to punish the majority of the violations - a law of large population groups is neither politically feasible nor practically feasible. Therefore, the prosecution usually focuses on people who trade on a large scale with illegal copies of commercial and enrich some worth millions, not to those who copy apparently only on a small scale for their own use.
Meanwhile, however, specially designed software is employed, the copyright infringement in filesharing automatically recorded and passed on to the law enforcement authorities. Also, users were also asked for the first time criminal charges against many thousands. The latter, with the aim to approach about the criminal charges on the identities of the tortfeasor in order to pursue this civilly can, see File sharing. To further address the criminalization population groups are calling organization like Attac a "culture flat rate", which legalized for a particular mite such copying, comparable with the remuneration policy on photocopying VG Wort.