Die persönliche geistige Schöpfung zwischen Rechtsprechung und Medienpsychologie

To distinguish between products that are not protected by copyright and those that are, case law is not only based on ‘persönliche geistige Schöpfung’ (‘personal intellectual creation’), but also on whether a product is sufficiently individual. An intersubjective understanding of the concept of individuality has been proven, which means that focusing on it is not arbitrary. However, the decision largely does not correspond to theoretical specifications because manufacturing effort, for example, is also decisive. In addition, there is greater agreement as to whether an intellectual product is a ‘personal intellectual creation’ than as to its individuality, so ‘personal intellectual creation’ should be referred to directly.