Term and definition of the letter collection
The letter collection refers, in a legal context, to a systematic compilation of letters. These may comprise private, official, or literary correspondence. The legal implications of a letter collection are manifold, particularly involving copyright law, data protection and personality rights, archival law, and the protection of cultural property. From a literary perspective, letter collections are also relevant in the fields of literary, publishing, and inheritance law.
Copyright aspects
Protectability of letters
Letters regularly enjoy copyright protection as works of language in accordance with Section 2 (1) no. 1 UrhG, provided they constitute a personal intellectual creation (Section 2 (2) UrhG). Protectability is granted regardless of whether the correspondence is of high literary value or of an everyday nature, as long as the minimum level of individuality is met.
Editing and compilation
A letter collection itself can constitute a collection work within the meaning of Section 4 UrhG if, through the selection and arrangement, it qualifies as a personal intellectual creation. The legal permissibility of publication, editing, or exploitation requires—apart from the rights to the collection work itself—the rights to the individual letters as well. In particular, the consent of the authors or their legal successors is required for publication unless the works are in the public domain.
Duration of protection
The term of protection for letters is 70 years after the author’s death (Section 64 UrhG). Only after this period do the letters become public domain and may generally be used without consent.
Data protection and personality rights aspects
Protection of living and deceased letter authors
The general right of personality according to Art. 1 para. 1, Art. 2 para. 1 GG and the right to informational self-determination grant special protection to the senders and recipients of letters. This applies to living persons as well as posthumously to deceased persons and close relatives, as particularly derived from Section 823 (1) BGB in connection with relevant case law.
Publication and dissemination
The publication or dissemination of letter collections, from a data protection perspective, requires compliance with the provisions of the General Data Protection Regulation (GDPR/DSGVO) if personal data are processed. Those affected must generally consent, unless there is a legitimate publishing interest pursuant to Art. 6 DSGVO and an overriding public interest.
Protection of postal secrecy
Postal secrecy under Art. 10 para. 1 GG protects the confidentiality of communication content, even after the correspondence has ended. Therefore, publication generally requires the consent of the involved parties.
Aspects of ownership and possession rights
Ownership and possession of letters
The physical acquisition of ownership of letters is governed by Section 929 BGB. Ownership of the physical letter is to be distinguished from intellectual property rights in its content. By sending a letter, the sender usually loses ownership of the physical letter, but retains rights to its intellectual content.
Bequests and inheritance
In the course of the settlement of an estate, letter collections can be bequeathed or inherited by disposition mortis causa (will or inheritance contract). Disputes may arise, in particular, when real and immaterial interests of third parties (e.g., copyrights, personality rights) have to be considered.
Protection of cultural property and archival law
Significance as cultural property
Historically and literarily significant letter collections can be classified as cultural property of particular value. According to the Cultural Property Protection Act (KGSG), specific requirements apply regarding classification, collection, export, and preservation.
Archival law provisions
Public archives and collections frequently preserve letter collections of scientific, cultural, or historical significance. Archiving is carried out in compliance with the Federal Archive Act (BArchG) or relevant state laws, which result in restrictions regarding access and use. The rights and interests of the affected parties or their legal successors are protected through retention periods and user regulations.
Literary and publishing law
Exploitation contracts and rights of use
The use and publication of letter collections regularly takes place on the basis of exploitation contracts. These typically grant comprehensive usage rights to the written works, whereby a distinction is made between the rights to the individual letters and those to their compilation.
Freedom to quote
According to Section 51 UrhG, quoting individual letters is permissible if the requirements for citation are met. However, publication of entire letter exchanges typically exceeds the scope of permissible quotation.
Conclusion
The legal assessment of letter collections requires careful consideration of the various protection provisions under copyright, personality, data protection, property, cultural property protection, and archival law. The admissibility of publishing and using a letter collection always depends on numerous individual factors. It is therefore advisable, in each individual case, to carry out a detailed legal review of all relevant legal positions, interests, and protection periods.
Note: This article provides a comprehensive legal explanation of the term ‘letter collection’ in the sense of a legal lexicon and takes into account the status of legislation as well as the relevant case law up to June 2024.
Frequently asked questions
Which copyright aspects must be taken into account when publishing a letter collection?
When publishing a letter collection, copyright law in particular must be observed. In principle, letters are protected under copyright law as personal written works of their authors in accordance with Section 2 (1) no. 1 UrhG, provided they reach a sufficient level of creative originality. Protection applies both to valuable literary correspondence and to everyday correspondence, as long as there is an individual intellectual creation. In addition to the text itself, personal data and any included photographs are also protected. Publication is therefore in principle only permitted with the consent of the rights holder. This permission can be granted by the author or, after their death, by their heirs. In the case of correspondence, the personality rights of the recipient may also need to be considered, particularly in the case of sensitive or private content. After 70 years from the author’s death (Section 64 UrhG), copyright protection expires, so that publication is generally permitted, provided that no other rights stand in the way.
Who holds the rights to the published letters in a letter collection?
The copyrights to the letters generally belong to the respective author. This means that the writer of the letter, as the author, possesses all exploitation rights under Sections 15 ff. UrhG, including the right to publish, reproduce, and distribute the work. The recipient of the letter acquires only ownership of the physical document by possessing it, but not any copyright; copyright remains with the author. Publication or reproduction usually requires the consent of the author or their legal successors. For older collections where the author can no longer be determined, regulations regarding ‘orphan works’ (Section 61 UrhG) must also be observed.
What data protection provisions are relevant when handling letter collections?
When dealing with letter collections, data protection provisions, particularly the General Data Protection Regulation (GDPR/DSGVO), may be relevant, if they contain personal data of living persons. The publication of letters that could reveal identifiable private individuals requires a legal examination as to whether the legitimate interests of those involved preclude disclosure. The processing, storage, or publication of personal data is only permitted with appropriate consent or on the basis of a legitimate interest, taking into account the rights of the data subjects. Deceased persons are generally no longer subject to data protection law, but post-mortem personality rights or legitimate interests of relatives may still play a role.
What personality rights must be considered when publishing a historical letter collection?
In historical letter collections, the personality rights of both the letter writers and recipients must be observed. As a rule, these rights continue during their lifetimes and for up to ten years after death (Section 823 BGB in conjunction with post-mortem personality rights). This particularly concerns confidential, intimate, or defamatory content. Publishing such letters may constitute an impermissible infringement of the general right of personality, unless there is an overriding public interest in the information. Careful examination and, where appropriate, anonymization or redaction of sensitive sections is therefore recommended.
What contractual provisions should be considered when selling a private letter collection?
When selling a private letter collection, it should be noted that as a rule, only ownership of the physical letter—not the copyright—passes to the purchaser. The purchaser may thus possess and resell the letter, but does not acquire the rights to publish or exploit the content. It is advisable to clarify in the purchase agreement which rights (e.g., usage rights, publication rights) may be transferred and which remain with the seller. If third parties (such as heirs of the author) are entitled, their rights must also be taken into account when publication is planned. It is advisable to have written provisions regarding the handling of personal data and any obligations to protect the personality rights of third parties.
What options do archives and libraries have for making letter collections publicly accessible?
Archives and libraries have, under certain conditions, the possibility to make letter collections publicly accessible. They may rely on Section 61 UrhG (use of orphan works) as well as certain copyright exceptions for libraries (Sections 60e and 60f UrhG). These permit use and access for scholarly purposes and preservation, but do not allow comprehensive publication to a broad audience. Data protection, personality rights, and any embargo periods must also be considered. Publication on the internet or in print media requires explicit clarification of rights.
Under what conditions may letters be published after the expiration of protection periods?
After the expiration of the copyright protection period of 70 years following the author’s death (Section 64 UrhG), the exclusive right expires, so that from a copyright perspective, publication is generally permissible. However, any personality rights, especially those of recipients or third parties, must still be considered. In addition, any rules on classified materials or archival protection periods must be observed if the letters originate from official or sensitive collections.
