![]() The DMCA allows the copyright owner (or an authorised agent of the copyright owner) to send DMCA notices to remove the offending material. The DMCA notice can be taken as a warning by the copyright holder, and if the copyright infringer does not respond accordingly there can be further legal action in the future. The DMCA puts into practice two World Intellectual Property Organization (WIPO) treaties to which both Germany and the USA are members. In reverse, the US copyright holder’s material may have been infringed by someone in Germany, and they have issued a DMCA takedown notice in response. Although the DMCA is a US legal provision, it can be of use to German copyright holders as the breach of copyright may have been from the USA. Locating the copyright infringer can be difficult, and professional support may be required to find them. However, once your material is online, breaches of copyright can become a global business. If you find yourself in such a situation where you need legal advice on German copyright law and the remedies available for such breaches, please contact our German copyright lawyers. Illustrations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and three-dimensional representations.Cinematographic works, including works produced by processes similar to cinematography.Photographic works, including works produced by processes similar to photography.Artistic works, including works of architecture and applied art and drafts of such works.Pantomimic works, including works of dance. ![]() Literary works, such as written works, speeches and computer programs. ![]() (1) Protected works in the literary, scientific and artistic domain include, in particular: German copyright law under § 2 German Copyright Act allows for the protection of certain material such as the following: How to Respond to Breaches of Copyright in Germany If you have received a DMCA takedown notice or are considering issuing one, it is advisable to contact reliable intellectual property lawyers to ensure that it is the correct step. We have advised both copyright owners and those who have been accused of copyright infringement on complex cases. A DMCA takedown order can have serious consequences for both businesses and private individuals who have dealings in the USA, and should not be ignored.Īt Schlun & Elseven Rechtsanwälte, our intellectual property lawyers advise both private and corporate clients on all matters of copyright, intellectual property and trademark law in Germany. For example, those who use cloud storage services from the USA can be affected by a DMCA takedown notice, and DMCA takedown notices can work hand-in-hand with similar German provisions under § 97a Urhg (German Copyright Act). Although the Digital Millennium Copyright Act (DMCA) is a United States copyright act, the international nature of the internet means that it can impact people in Germany.
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