(Berlin, November 2003) "movie thieves are criminals" - this is the provocative title of the film industry`s current campaign against the illegal reproduction of cinema films. With its drastically overdrawn representations of serious penalties and strict sentences for movie thieves and the use of the word "criminals" in the colloquial sense, the campaign makes it very clear: downloading, copying and distributing of films is nearly always against the law. But what does the newly reformed copyright law actually allow in the area of copying films, and what are the penalties for violating its prohibitions?  

German copyright law distinguishes between civil and criminal provisions.

The civil provisions permit copyright owners to take action against those who violate their rights. This often takes place in the form of a court order and/or the filing of a civil lawsuit. The copyright owners primarily concentrate on acquiring a prohibitive injunction and compensation for damages, often in connection with the right to obtain or destroy illegal copies and/or the equipment with which they were produced.

The criminal provisions of the copyright law distinguish between prohibited utilisation and prohibited commercial (for profit) utilisation of protected works, with different penalties for each. In both cases, any attempt at prohibited utilisation is punishable and may result in fines. In addition, prohibited utilisation is punishable by up to three years in jail; prohibited commercial utilisation is punishable with prison sentences of up to five years. Independently of criminal prosecution, the owners of copyrights may seek civil damages from those who have violated their rights.

What is allowed?
The private copying of films broadcast on free TV, recorded using analogue or digital equipment is permitted.

Videos and DVDs without copy protection and recorded from obviously legal sources may be recorded for non-commercial use.

Legal offers - such as T-Online Vision for example - may be downloaded from the Internet.

What is not allowed?
Offering or making available copyrighted material, e.g. via peer-to-peer Internet networks, is prohibited. Important: By buying an original copy, e.g. an original film DVD, you do not acquire the right to make its contents available to third parties. Violations may be punished and may result in civil damages.

The law often speaks of an "exploitation prohibition" . This prohibition includes the copying, distribution and public screening of copyrighted material.

Downloading current cinema releases is not allowed and can result in civil damages. The exploitation prohibition also applies.

Copying current cinema films from one disk to another is not allowed and can result in civil suits by the copyright owners. Here too, the exploitation prohibition applies.

Private copying of original DVDs/CDs is not allowed and can result in civil damages. The exploitation prohibition also applies here.