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Re: copyright in Germany


From: Bruno Haible
Subject: Re: copyright in Germany
Date: Wed, 20 May 2020 15:41:49 +0200
User-agent: KMail/5.1.3 (Linux/4.4.0-177-generic; KDE/5.18.0; x86_64; ; )

Hi Marc,

> As far as I know (but I am, luckily, not a lawyer either), it is the
> common legal opinion that Art. 5.(3) Grundgesetz implies that the
> "Nutzungsrechte" are not being implicitly assigned from a professor to
> the university ([2]). So the university cannot claim that some of my
> works are theirs.

Indeed, [2] page 19 is clear. [3] says the same thing.

> In any case, I even have a letter from the
> university saying basically this.

Even better!

Then you are free to sign copyright assignment papers with any legal entity,
such as the FSF.

> Unfortunately, the FSF lawyers don't
> accept the German text (I tried to contribute to GCC once) because
> they don't have the manpower to verify it; now I have to persuade the
> university lawyers to sign the FSF provided text.

Why the hassle? Once you know - and you gave a citation from the ministery
of education - that the copyright of your works is with you, you don't need
confirmation from either the FSF or your university. The copyright assignment
only needs _your_ signature, then.

Bruno

[2] https://www.bmbf.de/upload_filestore/pub/Handreichung_UrhWissG.pdf
[3] 
https://blogs.hrz.tu-freiberg.de/oersax/urheberrecht-des-wissenschaftlichen-personals-an-hochschulen/




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