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However, under German copyright law, photographs that do not meet the originality requirement under Section 2(1) of the UrhG can still be protected as Lichtbilder (photographs) by means of a specific relatedright under Section 72 of the UrhG. Differently again, Italy has adopted a “threefold system” for the protection of photographs.
The question as to whether the required serious infringement of moralrights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case. The BGH assumed that an infringement of the relatedright of the film producer had occurred.
The protection of moralrights, including the rights of publication, authorship, alteration, and integrity, is perpetual. The registration process is straightforward and requires minimum documentation and information because the copyright protection centers conduct a formality examination only.
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