Definition and Concept of the Right of Public Recitation
Das Right of Public Recitation is a term from German copyright law that refers to the exclusive right of the author or rights holder to present a work of literature, science, or art to the public by way of spoken or staged performance. The right of public recitation is codified in various statutes and constitutes a central exploitation right in connection with the public performance of copyright-protected works.
Distinction from Other Exploitation Rights
The right of public recitation differs from other copyright exploitation rights, such as the right of performance, the right of public communication, or the broadcasting right. While the Right of Public Recitation primarily covers the oral or scenic presentation of a work, other rights particularly relate to technical transmission or reproduction through aids such as loudspeakers or broadcasting.
Legal Basis
Copyright Act (UrhG)
The right of public recitation is primarily regulated in Section 19(1) of the Copyright Act (UrhG):
“The right of public communication is the right to make the work available to the public in intangible form. […] Public communication especially includes the public performance, presentation, and recitation of the work, its public presentation by visual or sound recordings, its public transmission by broadcasting and similar means.”
Within this framework, the Right of Public Recitation specifically refers to the public recitation in the sense of a live, orally delivered presentation.
Scope of Protection
The right of public recitation generally applies to all literary and musical works as well as language works such as lectures, speeches, or contributions. Both the complete and partial or adapted presentation are protected.
Application Area of the Right of Public Recitation
Public Recitation
The right of public recitation applies as soon as a protected work is presented to the public by speaking, reciting, or similar forms. This includes in particular:
- Readings (e.g., from novels or poems)
- Plays, spoken theater, cabaret performances
- Public speeches, academic lectures
- Recitations in school or university contexts
Private Recitations
Recitations in private settings (family and circle of friends, private events) generally do not fall under the right of public recitation, as the public is not reached in these cases (Section 15(3) UrhG).
Distinction from Use in Classroom Settings
Specifically for teaching and research purposes, restrictions and exceptions exist according to Section 60a UrhG, permitting the recitation of protected works under strict conditions.
Content of the Right of Public Recitation
Rights of the Author
The right of public recitation grants the author the authority to determine if, how, when, and by whom a work is presented publicly. This protective right also encompasses the right to contractually grant or refuse use to third parties. Corresponding agreements are often entered into between authors or rights holders and event organizers, publishers, or cultural institutions.
Licensing
The granting of the right of public recitation regularly takes place through licensing or collecting societies such as VG Wort. If the right is assigned or licensed, its use may be subject to fees.
Obligation to Pay Remuneration
Exercise of the right of public recitation—such as through public readings—is usually subject to remuneration. The amount and terms of payment are generally set by individual contracts or the collecting societies’ tariffs.
Limitations of the Right of Public Recitation
Legally Permitted Use (“Limitation Provisions”)
The Copyright Act provides exceptions where the right of public recitation does not apply without restriction. Examples include:
- Reproduction for private and personal use (Section 53 UrhG)
- Recitations for educational and scientific purposes (Sections 60a-60f UrhG)
- Quotations: Quoting works is, among other things, permissible in academic lectures under certain conditions (Section 51 UrhG)
It is stipulated that such use must be non-commercial and the source must always be cited.
Principle of Exhaustion
The principle of exhaustion, which applies to physical copies of works (e.g., books), does not apply to the right of public recitation. A one-time grant does not entitle multiple public performances without renewed consent or a new license.
Infringement of the Right of Public Recitation
Legal Consequences
If the right of public recitation is exercised without the necessary consent, this constitutes a copyright infringement. Possible legal consequences include:
- Claims for injunctive relief
- Claims for damages
- Claims for information or surrender
- Destruction or recall of unauthorized copies of the work
Enforcement and Proceedings
Enforcement is carried out through civil law proceedings and may also lead to criminal consequences if the act was intentional and conducted commercially (Sections 106 et seq. UrhG).
Right of Public Recitation in an International Context
The right of public recitation is governed not only by German law but also by international treaties. Its significance is evident in the Berne Convention for the Protection of Literary and Artistic Works, which in Article 11 expressly recognizes the right of public recitation.
Many countries have comparable protection provisions, though their scope and limitations may vary in detail.
Practical Examples and Typical Applications
- Author reading in a municipal library: Permission from the rights holder is required here, if necessary, coordinated through a collecting society.
- School Christmas performance of a poem: As a rule, recitations for teaching purposes—depending on their scope and accessibility—fall under a statutory limitation and are permissible.
- Academic lecture at a symposium: When copyright-protected text parts are used, the freedom to quote may apply; however, for complete presentations of works, the rights holder’s consent is required.
Summary
The right of public recitation protects the author with regard to the public oral presentation of their works and is a central element of German copyright law. The term encompasses both the exclusive right of presentation as well as the control and licensing of use by third parties. Limitations and exceptions exist in particular in the education sector and for quotations. Observance and compliance with the right of public recitation are essential for cultural workers as well as for organizers, educational institutions, and other user groups in order to avoid copyright infringements and the resulting legal consequences.
Frequently Asked Questions
Which legal provisions regulate the right of public recitation?
The right of public recitation is governed in particular by the German Civil Code (BGB), the Commercial Code (HGB), the Stock Corporation Act (AktG), and possibly the Cooperative Societies Act (GenG). In assembly law, Section 131 AktG is especially notable, as it specifically governs shareholders’ rights to information and thereby, indirectly, the right of recitation during general meetings. In addition, the articles of association of companies, clubs, or standing orders of assemblies may provide specific rules on the conduct of consultations and the recitation right of individual participants. The applicable legal provisions define in detail who is entitled to recite, under which conditions this right may be exercised, and which restrictions exist, for instance, to protect the order of the meeting or by resolution.
Who is entitled to speak at a general or members’ meeting?
In legal contexts, the right of public recitation is generally available to all members of an association, shareholders of a corporation (e.g., GmbH, AG), shareholders, or their representatives, provided they are properly admitted to the meeting. Furthermore, according to statutory requirements and articles of association, board members or managing directors—in specific cases also the supervisory board or a meeting chairperson appointed by the assembly—have the right to speak and give a recitation. The right of public recitation can be specified or limited by appropriate rules of procedure for meetings, for example, by limiting speaking times or by decision of the plenary.
Can the right of public recitation be restricted by a majority resolution?
A collective restriction of the right of public recitation by majority decision is generally permissible if it serves the orderly conduct of the meeting and the prevention of abuse. Typical restrictions concern the establishment of speaking times, the order of speakers, or the number of contributions per person. However, case law requires that such restrictions are not arbitrary but are based on objective grounds. A complete exclusion of individual participants from the right of recitation is usually not allowed unless there are significant disruptions or violations of the meeting’s rules. In doing so, minority protection must always be observed.
What rights and duties does the chairperson of the meeting have in relation to the right of public recitation?
The chairperson of the meeting is responsible for safeguarding the right of public recitation and ensuring the orderly conduct of the meeting. The chair has the power to manage the speakers’ list, determine the order of speakers, and ensure that set speaking times are observed. In the event of repeated disturbances, the chair may warn individual speakers and, in extreme cases, withdraw the right to speak. The chairperson must not arbitrarily refuse or favor the right of public recitation. Breaches of these duties may lead to challenges or claims for damages.
Is there a right to written documentation of the contribution?
There is no statutory right to the full written recording of all recitations. In practice, however, essential discussion contributions and decisions are recorded in the minutes of the meeting. The content of speeches held can also be included in the minutes upon request, provided this is permitted by the rules of procedure or a corresponding resolution. The chairperson is responsible for keeping the minutes and, in cases of content-related disputes, deciding what is significant for the record. There is no general legal right to a complete written transcript.
What are the legal consequences of the unlawful denial of the right of public recitation?
If the right of public recitation is refused to an entitled participant without legal grounds, this can have serious legal consequences. For example, a resolution passed by the meeting can be challenged for violation of the proper conduct of the meeting. In association law, Section 32 BGB provides for the nullity or contestability of resolutions if the right to be heard or the right of recitation has been denied. In stock corporation law, a challenge action may also be brought under Section 243 AktG, especially if the right to information has been unlawfully restricted or the right of public recitation has been arbitrarily limited. Such violations may also give rise to claims for damages against the chair of the meeting.
What formal requirements need to be met to exercise the right of public recitation?
The exercise of the right of public recitation generally requires personal attendance or proper representation at the meeting. In many articles of association, certain formalities are also regulated, such as prior notification of intention to speak, compliance with the rules of procedure, and often restriction to topics on the agenda. Members who are not duly invited or present, as well as guests without express admission, generally do not have the right to speak. Compliance with formal requirements is a prerequisite for a speaker to be entitled to exercise the right of public recitation.
