Urheber- und Verwertungsrechte in der Bodendenkmalpflege – Ein Gutachten vom Dezember 1998 und eine Einordnung aus heutiger Sicht

Abstract

Until the 1990s government agencies were responsible for conducting the majority of archaeological digs in Germany. With the growing influence of private archaeological companies, the question has arisen as to what extent the documentation of excavations was subject to copyright protection and how such documentation could be used. The expert opinion presented in the following was commissioned by the state cultural heritage protection agency in 1998 and addresses copyright and rights of use of excavation documentation. According to this opinion, the copyrights and rights of use lie with the persons who authored the reports. Rights of use can be transferred to other parties, e.g. employers or clients. The expert opinion argues that state authorities may reserve basic rights to these reports, i.e. not exclusive rights of use, insofar as this is necessary for meeting their statutory tasks. A new introduction by the author addresses changes to the legal situation and case law which have occurred since then.