Das Urheberrecht als Mittel staatlicher Geheimhaltung

Government agencies are increasingly invoking copyright to prevent the publication of secret documents by press companies and whistleblowing platforms. This approach appears to be incompatible with the meaning and purpose of copyright law and also interferes with the basic communication rights of the media affected. However, such publications may also be in conflict with legitimate confidentiality interests.
The present work seeks possible solutions to overcome these conflicts, taking into account European law and international treaties. Therefore, it examines copyright restrictions, the notion of “work”, the right of first publication, possibilities of justification and the abuse of rights.
The work also establishes international references – especially to Austrian copyright law – and shows a regulatory option for the German legislature.