Term and Definition of Printed Publications and Printed Works
The term “printed publications” or “printed works” refers to physically reproduced textual, pictorial, or audio works that are produced in larger quantities using printing technology. In a legal context, printed publications and printed works are carriers of information whose public dissemination and accessibility are regulated by numerous statutes. They may include printed books, newspapers, brochures, posters, visual materials, and other media produced by printing technology.
For differentiation: printed publications differ from handwritten or digital works particularly due to their physical reproduction by mechanical or electronic printing processes. They form a central foundation of public communication and are indispensable in copyright law, press and media law, as well as criminal and administrative law.
Legal Significance of Printed Publications and Printed Works
1. Protected Subjects under Copyright Law
1.1. Requirements for Protection
Printed publications and printed works can fall under the protection of copyright law according to §§ 2 ff. UrhG, provided they constitute a personal intellectual creation. Protection thereby extends to literary, scientific, and artistic works. Mere reproductions of public domain or non-protectable content, however, are not included.
1.2. Rights of the Author
For printed works, the Copyright Act grants the author, in particular, the rights of reproduction, distribution, and public accessibility (§§ 15 ff. UrhG). In cases of unauthorized use, the rights holder is entitled to claims for injunctive relief, information, and damages (§§ 97 ff. UrhG).
2. Printed Publications in Press Law and Media Law
2.1. Terminology in Press Law
Press law uses the terms “printed work” and “printed publication” as central constituent elements. The quality of being a press product is attributed to printed works even if they are published periodically or non-periodically (§ 1 State Press Acts, e.g., LPresseG NRW).
2.2. Imprint Obligation and Responsibility
In Germany, printed publications are subject to the imprint obligation under the State Press Acts. The so-called responsible editor or publisher is responsible for the content. The imprint must include information on the identity and address of the responsible persons. Violations of the imprint obligation are subject to fines.
2.3. Accessibility and Distribution
Legally relevant, in addition to production, is particularly the distribution of printed works. The right to freedom of expression (Art. 5 GG) finds its special expression in the freedom of the press for printed publications. At the same time, there are limitations due to general laws such as personality rights and criminal law provisions.
3. Criminal Law Relevance of Printed Publications
3.1. Prohibited Content
The Criminal Code provides for restrictions and bans for certain printed publications. For example, § 86 StGB prohibits the distribution of propaganda materials of unconstitutional organizations, while § 184 StGB regulates dealings with child pornography publications. Incitement of the people (§ 130 StGB) can also be committed through printed publications.
3.2. The Concept of Writing in Criminal Law
The concept of writing in criminal law (§ 11 para. 3 StGB) includes not only traditional printed works but also other representations that are suitable and intended for distribution. This includes, in addition to works on paper, electronic or other physically fixed media.
4. Administrative Law Regulations
4.1. Youth Protection
According to the Youth Protection Act (JuSchG), printed publications with content harmful to minors can be indexed. Their distribution to minors is then prohibited; certain print products may therefore only be available to a limited extent.
4.2. Aspects of Commercial Law
There are sometimes commercial law requirements for the production and distribution of printed works. For instance, posting printed publications in public spaces (postering) often requires official authorization.
Distinction from Other Forms of Media
Printed publications are characterized by their physical reproduction, making them fundamentally different from electronic media such as websites or purely digital publications. However, it must be noted from a legal standpoint that the applicable regulations may also include hybrid and new forms of media, insofar as they serve the dissemination of publications within the meaning of the respective regulation.
International Perspectives
Statutory regulations concerning printed works can be found in similar form in numerous other countries. However, the term “printed publication” and the associated scope of protection and regulatory framework differ in detail according to national press and copyright laws.
Summary
Printed publications and printed works are legal terms covering the realm of physically reproduced media. They enjoy copyright protection according to the applicable legal system, are subject to press law and media law requirements, can be relevant under criminal and administrative law, and are fundamentally important to societal communication. Understanding the respective legal regulations is essential for the production, distribution, and use of printed publications and printed works, both in private and especially in business contexts.
Frequently Asked Questions
Who is legally responsible for the content of a printed work under copyright law?
The person responsible for the copyright protection of a printed work is fundamentally the creator, i.e., the author. Usually, this is the writer of the text, the illustrator of the images, or the photographer of the included photos. If a work is created jointly by several people, co-authorship exists, whereby all authors are jointly responsible for the protection and use of the work. For printed works published by companies or publishers, additional rights and obligations often arise, such as through licensing agreements transferring rights of use. The publisher does not replace the author but generally acquires exclusive or simple rights of use enabling him to reproduce, distribute, and make the work publicly accessible. However, primary authorship remains with the creator unless otherwise provided by law, such as with press publisher rights, where under certain circumstances a publisher is granted a neighboring right to reproduce and distribute a press publication.
What legal requirements apply to the imprint of printed publications?
In Germany and many other countries, operating an imprint for printed works is legally required. Pursuant to § 5 Telemedia Act (TMG) and, in particular, the State Press Act of the respective federal states, every periodically published printed work must include an imprint that clearly and explicitly identifies the responsible publisher, publishing house, the printing company, and, if applicable, the editor. For books, the publisher or editor is generally required to be named as responsible for the content. The information must be presented so that quick and unambiguous contact is possible. The purpose of the imprint obligation is to create transparency regarding responsibilities and to protect personal rights, such as the right to a counterstatement. Violations of the imprint obligation can result in fines and, under competition law, lead to formal warnings.
What special protective rights exist for newspapers and magazines?
In addition to classic copyright protection for individual works, periodical printed works, especially newspapers and magazines, enjoy a separate press publisher right under §§ 87ff. of the Copyright Act (UrhG) in Germany. This grants publishers a neighboring right for the entirety of the press product, independent of the individual contributions. This means the publisher is granted the right for a certain period of time to reproduce and make the finished press product publicly accessible. This provides the publisher with additional protection against unauthorized adoption and distribution of the complete work, while the rights of individual authors remain unaffected. This right is limited to 2 years from first publication and supplements the copyright for individual articles or photographs.
What legal consequences do plagiarisms have in printed works?
Plagiarisms, i.e., the unauthorized and misleading appropriation of content from existing printed works, constitute a violation of copyright law. Legal consequences can include civil claims for injunctive relief and damages by the author, as well as destruction of the plagiarized copies. In cases of intentional infringement, criminal penalties are possible, including fines or imprisonment according to § 106 UrhG. Professional consequences also threaten, especially in academic circles (e.g., revocation of titles, withdrawal of dissertations). Case law takes into account both the scope of the appropriation and the intent to deceive. Plagiarism checks and correct citation or referencing practices are therefore essential preventive measures.
How long does copyright protection for printed works last?
Copyright protection for printed works, i.e., for literary, scientific, and artistic works, in Germany generally lasts for 70 years after the death of the author (§ 64 UrhG). For works published anonymously or under a pseudonym, the term of protection is determined by the date of first publication and is then 70 years from publication. After the protection period expires, the works enter the public domain and may be used by anyone without consent. Different terms apply to neighboring rights such as the press publisher right (e.g., 2 years from publication of the press product). If older works are reprinted, the person who reprints does not acquire additional protection unless the reprint constitutes a specially protected adaptation.
What obligations exist regarding deposit copies of printed works?
In Germany, publishers and authors are obligated to submit so-called deposit copies of their printed works to the respective state libraries and the German National Library. The legal basis for this is set out in the Act on the German National Library (DNBG) as well as in the deposit copy regulations of the federal states. The aim is to ensure comprehensive documentation and archiving of the published written cultural heritage in Germany. The number of copies to be deposited and deadlines are determined by the respective state law. Noncompliance can result in fines and judicial enforcement of delivery.
What special legal requirements apply to advertising in printed works?
Advertising in printed works is subject to a variety of legal requirements, particularly under competition law (UWG), the Telemedia Act (TMG), the Advertising of Medicines Act (HWG), as well as youth and data protection law. Basically, advertising in printed works must be clearly identified as such and must not improperly influence editorial content (“separation requirement”). Misleading, comparative, or defamatory advertising is prohibited. Special regulations with further restrictions apply to specific products such as pharmaceuticals, tobacco, or alcohol. Data protection law must also be observed if personal data are used for advertising purposes. Violations can result in formal warnings, claims for injunctive relief and damages, as well as fines.
