Ancillary Copyright

The organisers ancillary copyright

Scope of protection of the organisers ancillary copyright

The ancillary copyright – denoted as a related right in the Copyright Act – protects artistic, scientific and entrepreneurial achievements, which aren’t individual compositions and therefore do not access copyright protection, similar as works of authorship. Inter alia services of phonogram producers, performers, broadcasting organisations, film producers and organisers are protected.

The protection of the organisers services arises from § 81 UrhG (Copyright Act). That article provides that:

If the performance of a performer is organised by a company, the rights pursuant to § 77 (1) and (2) first sentence, as well as § 78 (1) shall be enjoyed by the performer as well as the owner of the company. …

77 (1) and (2) first sentence UrhG reads as follows:
The performer shall have the exclusive right to record his performance on on a video or audio recording medium.
The performer shall have the exclusive right to reproduce and distribute the video or audio recording medium on which his performance is recorded.

78 (1) UrhG reads as follows:
The performer shall have the exclusive right to

make his performance available to the public (§ 19a),
broadcast his performance, unless the performance has been legally fixed on video or audio recording mediums which have been released or legally made available to the public,
make his performance perceivable to the public by screen, loudspeaker or similar technical devices in a place other than that in which the live rendering takes place.

Therefore, the organiser right is similar to the ancillary copyright of the phonogram producers in content and scope. However, in certain cases the phonogram producer is entitled to a statutory remuneration (for example in case of a transmitter privilege, § 78 (1) No. 2 UrhG), which does not apply to the concert organiser.