The Newly Proposed Copyright Law in Germany :: Music Copyrights Ethics Essays

The Newly Proposed Copyright Law in Germany Up to now copyright laws are heterogeneous throughout Europe, even amongst the member nations of the European Union. For example, in the UK manufacturers of recording and duplication hard- and software are not charged a fee per sold unit that goes to an association representing the body of copyright owners while in most other European countries this fee exists. In order to create a more homogeneous business environment the European Parliament passed new regulatory boundaries for copyright laws that now have to be transformed into national law by all member nations1. Currently, Germany is in the process of doing so and the government proposed a new law that raises a lot of protest from different organizations. Among them are various universities, the Chaos Computer Club 2 and Ver.di 3. Together they represent a wide spectrum of the body of consumers. Status quo of copyright in Germany The copyright law as it is active today in Germany does not only protect the rights of the owner of content, but also those of the content consumers. It's purpose is to function as a mediator between the two parties, serving both as a protection against plagiarism and an enabler of fair use. A central aspect of fair use is the private copy of content. The consumer is allowed to make copies of any content he legally possesses, regardless of the type of content or the media that conveys it. For example it is perfectly legal to record radio or television broadcast, make a copy of your favorite CD for use in a car, or encode it as MP3 to load the songs on a MP3 player, Software or movies on DVDs can be copied for back up purposes in case the original media gets destroyed. Schools and Universities enjoy special freedoms. Without special authorization of the content owners they are allowed to reproduce or show any content they legally own for educational purposes. Even though lectures at universities and schools are open to the public. Libraries have the duty, by law, to preserve as much content as possible and make it accessible to the public. Buying content once entitles libraries to make the purchased copy available to the public. The function of libraries is not restricted print media, it also includes audio and video. The proposed new copyright law In important points, the proposed law is quite similar to the DMCA in the United States.