Die Rechtsfigur des Urheberpersönlichkeitsrechts – Dogmatik, Herausforderungen und Wandel

This study focuses on the authors' moral rights. Virtually completely excluded from European harmonisation, it plays an outsider role in today's copyright law. The author analyses the status of protection (historically and by means of a legal comparison included dualistic and monistic traditions) and places the legal figure in the international and European copyright law framework. After a deeper look at the justification of protection (with depersonalised works, user-generated content etc.), the author develops his own legal method of interpretation (“tatbestandsmäßig-typologische Auslegung”), with which he meets the ambivalent objects of protection in modern copyright law and brings (still) untapped potentials of moral rights to fruition.