Table of contents

There are still countless myths surrounding the copyright notice. The following article will clear up the misunderstandings, and you will

• Learn what the term "copyright" means
• Learn whether the © notice is necessary at all, as well as
• Practical hints and a sample on how to set it correctly

Theoretical introduction

Is copyright the same as Urheberrecht?

The term "copyright" comes from the Anglo-American world and was first used in 1710 in the "Statute of Anne" to grant book authors the exclusive right to print, reproduce and publish their works (which can be summarized as "the right to copy").

In principle, copyright fulfills the same function as copyright in Germany or Austria. The difference lies in the original objective:

Anglo-Saxon copyright, is to protect the rights to the work. German (and continental European) copyright is intended to protect the author.

Differences and similarities between copyright and Urheberrecht

The Urheberrecht should therefore primarily protect the rights of the author and copyright should protect the rights to copy, regardless of who holds these rights. Thus, copyright is more economically oriented and differs, especially when it comes to its transfer. Thus, there are the following differences:

• In copyright law, it is possible to alienate the entire copyright.
• The Urheberrecht cannot be alienated, only rights of use and exploitation can be granted (but there are exceptions; e.g. in Switzerland the entire copyright can also be transferred).
• In copyright law, one can waive the copyright altogether, which makes it public domain.
• In Urheberrecht law, one can renounce the exercise of one's own rights (and e.g. publicly declare not to take action against copies).
• In copyright law, "moral rights" of the authors, such as (right to be named, protection against distortion, right to publication) are often an afterthought.