Die Dogmatik des § 108 Abs. 1 Nr. 5 UrhG

This work is concerned with the question of whether the copyright law should be fundamentally altered or even abolished due to the effects of digitalisation. This question can only be answered after intensive examination of the dogmatics of § 108 Abs. 1 Nr. 5 UrhG which protects the phonogram producer. A problem is the civil-law-focused design of the German copyright law, which often leads to the violation of constitutional principles. In addition, the protection of the neighbouring rights of the record industry needs to be distinguished from the intellectual property of the creators. The topics of illegal streaming sites as well as the subject of sampling are discussed extensively. Another question raised is the applicability of German criminal law in the cross-border infringement of copyright over the Internet.