> With regard to the transferability and the waiving of the copyright the German copyright law can be considered as one of the strictest systems in the world. Main reason is the strict monistic approach the German copyright law bases on. Key feature of this approach is the concept that, in principle, the copyright/author’s right itself can neither be transferred to another person nor
waived by the author herself. The German author’s right consists of two parts, the moral rights
and the exploitation rights. The moral rights are – as a rule – personal rights that are bound to the person of the creator (or, after her death, her legal heirs), i.e. they can neither be transferred nor waived. Since moral and exploitation rights are considered as inseparable parts of the author’s
right as a whole (monistic approach) the exploitation rights cannot – in principle – transferred or waived by contract as well. However it is naturally possible to license the use of the work i.e. to transfer rights to use a protected work even on a large scale. Such licenses can practically lead
(nearly) to the same result as an assignment or waiver of rights.
> With regard to the transferability and the waiving of the copyright the German copyright law can be considered as one of the strictest systems in the world. Main reason is the strict monistic approach the German copyright law bases on. Key feature of this approach is the concept that, in principle, the copyright/author’s right itself can neither be transferred to another person nor waived by the author herself. The German author’s right consists of two parts, the moral rights and the exploitation rights. The moral rights are – as a rule – personal rights that are bound to the person of the creator (or, after her death, her legal heirs), i.e. they can neither be transferred nor waived. Since moral and exploitation rights are considered as inseparable parts of the author’s right as a whole (monistic approach) the exploitation rights cannot – in principle – transferred or waived by contract as well. However it is naturally possible to license the use of the work i.e. to transfer rights to use a protected work even on a large scale. Such licenses can practically lead (nearly) to the same result as an assignment or waiver of rights.