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Key Facts
  • Types of work are defined in the Copyright Act and include various categories of intellectual creations.
  • Digital, performative and hybrid forms are among the lesser-known types of work.
  • Three central criteria must be met for copyright protection: personal, intellectual activity and level of creation.
  • Digital work types include websites, digital art and AI-generated works.
  • Performative types of work include performance art, happenings and installations.
  • Hybrid work types include transmedia projects and augmented reality artworks.
  • Digital technologies call into question the traditional definition of work types and require new legal approaches.

Definition and legal basis

Types of work are defined in Section 2 (1) of the German Copyright Act (UrhG) and include various categories of intellectual creations. The law lists the following types of work by way of example, but not exhaustively:

– Linguistic works (written works, speeches, computer programs)
– Musical works
– Pantomime and dance works
– Works of visual arts
– Photographic works
– Cinematographic works
– Representations of a scientific or technical nature

Lesser known and new types of work

In addition to the classic types of work, there are other, less well-known categories:

Digital types of work
– Websites and web design
– Digital artworks
– Interactive media art
– Algorithms and AI-generated works

Performative types of work
– Performance art
– Happenings
– Installation art
– Sound art and experimental forms of music

Hybrid work types
– Transmedia projects
– Augmented reality artworks
– Interdisciplinary art projects
– Biotechnological artworks

Requirements for copyright protection

Three central criteria must be met for a work type to be protected:

1. personal activity: only works created by human beings are eligible for protection
2. Intellectual activity: The work must have intellectual content and an individual design
3. Level of creation: The work must stand out from everyday creations due to its originality

Specific work types in detail

Works of language include literary texts, scientific treatises, speeches and computer programs. Works of music include compositions and musical arrangements. Film works are created through image sequences and are often composed of different types of works.

Digital challenges

Digital technologies are expanding traditional work type concepts. Websites, AI-generated content and new forms of media are challenging the traditional definition of work types. Jurisprudence must continuously develop interpretative approaches.

 

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