Copy-writing not in the Anglo-american tradition

Als Schöpfungshöhe (auch: Gestaltungshöhe, Werkhöhe) wird im Urheberrecht der Bundesrepublik Deutschland das Maß an Individualität(persönlicher geistiger Schöpfung) in einem Produkt geistiger Arbeit bezeichnet. Es entscheidet darüber, ob ein „Werk“ vorliegt und insofern Urheberrechte bestehen können. In der Praxis wird der Begriff vor allem als Ja/Nein-Option verwendet: Schöpfungshöhe muss gegeben sein, um einem solchen Produkt Werkcharakter und damit Urheberrechtsschutz zusprechen zu können, mangelnde Schöpfungshöhe begründet dagegenGemeinfreiheit. Die Schöpfungshöhe stellt als notwendige Bedingung sozusagen die Untergrenze des Urheberrechtsschutzes dar.

"Schoepfungshoehe" (the depth of creativity of an actual "work") is in German law the measure of individuality (depth of intellectual creation from a personal mind) in a product of intellectual work.  This measure is used in deciding if a "work" is truly present for the product in question.  In the actual decision making the answer will be YES or NO:  a certain amount of creativity has to be present in oder that such a product has the character of a "work" and can gain Urheberrechte (rights of the creator).  If there is insufficient creativity there is the reason for granting public use.  The "Schoepfungshoehe"  gives a necessary condition so that a protection will be granted.

Das Urheberrecht bezeichnet zunächst das subjektive und absolute Recht auf Schutz geistigen Eigentums in ideeller und materieller Hinsicht.^[1]Als objektives Recht umfasst es die Summe der Rechtsnormen eines Rechtssystems, die das Verhältnis des Urhebers und seiner Rechtsnachfolger zu seinem Werk regeln; es bestimmt Inhalt, Umfang, Übertragbarkeit und Folgen der Verletzung des subjektiven Rechts.^[1] Das Copyright des anglo-amerikanischen Rechts ist dagegen, wie der Name schon sagt, eher eine Art Verlagsrecht/Reproduktionsrecht, wird jedoch häufig damit verwechselt. Der Hauptunterschied besteht darin, dass das Copyright nur die Reproduktionsrechte des Reproduzenten regelt – im Gegensatz zur obigen Beschreibung des Urheberrechts.

The "Urheberrecht" [rights of the creator, as opposed to copy-right]  denotes first of all the subjective and absolute right of protection of intellectual property in the area of the ideas and in matters material.  As objective right in includes all the laws of a system of law, which govern the relationship between the creator and the inheritors of the "work".  The laws of Anglo-american system involving "copy-right" is rather more a right to reproduction of the work as owned by a publisher;  these two ideas are often intermingled [confused].  The main difference consists in this that the "copyright" governs only the rights of reproduction of the one who holds them--in contrast to the above description of the "Urheberrecht".

Funerals for German Lutherans in this area.

Today I attended and helped with a funeral in our congregation.  A dear, older, faithful member went to be with his Lord.  It was a good funeral for a wonderful gentleman originally from Silesia, where my father's family was also from.

What made me pause today was that this generation of refugees who came to this area and populated our local congregations are going to be all gone soon.  It is really a marker for me.  After that, more of our own generation will be called up.  That is another sobering thought.

How many more times will we hear stories like these:  they lived in such and such an area, they lived through the war in such and such a fashion, facing such and such tragedies or else were spared many, they became refugees/displaced, they suffered such and such deprivations after the war, they came to Canada.  These are the survivors, the emigrants, the hardy folk who taught us to save, work and sing, bake and cook.  They had many skills, or else were eager to develop them, and pushed us to succeed and make something of ourselves. They had much joi de vivre, they nurtured us, they took us camping, they were simple, good, solid folk, who kept the faith.  They had simple, down to earth but wonderful pleasures and gifts.  I am honored to have been reared by such people.  They also had traumas to overcome.  And we knew them also through our upbringing and adult life.  Some of these were never overcome. Life is good and life is very harsh.

One of the hymns of the funeral, upon insistent request, as at every other German Lutheran funeral of those who came through war, flight and emigration, was:  "So nimm denn meine Haende".  There is seemingly no funeral without this one.



I would like to type it out in English.  It is found in the Lutheran Service Book as #722.  "Lord, take my hand and lead me."   It seems to be owned by the Lutheran Book of Worship, so I will prepare my own translation for the blog, though I see that someone has put a video of it on YouTube.

1. Please take my hands and lead me
until my blessed end and to eternity.
I do not want to walk one step without you:
where ever it is you will go and stay,
please, just take me along.

2.  Please enfold my week heart with your mercy,
and make it wholly quiet in times of joy and in sorrow.
Let your poor child simply rest at your feet.
I want to just close my eyes and trust you blindly.

3.  Even when at times I might feel nothing of your power,
you are still leading me toward the goal, even through the night.
So, please, take my hands and guide me,
until my blessed end and to eternity.

It was the "even through the night" that got me today.  These people knew the night.  These people trusted those hands which held and led.  These people looked forward to their heavenly home to see the one held them in his hands.

I thank God for them and their faith.

Once more, below, my grandfather's drawing.

How Concordia Publishing House's Copyrights affect me

I have been a huge fan and steady customer of Concordia Publishing House.  I have read and given as gifts innumerable "Treasuries of Daily Prayer", "Catechisms", and so on.  I am seemingly the lone promoter in this outpost, mostly giving things away for free, which is almost a joke around here.  Last month I shipped three boxes of books to Africa, all CPH products worth I don't know how much, hundreds and hundreds of dollars.  CPH products are my vice.

I am deeply grateful for the work of the editors and marketers.  Yet, there are some things I don't know how to deal with.

How "intellectual property rights"  affect me.  

The answers to these points may not  be simple--granted.  But the problems are real and what's involved quite profound.

1.  When I want to type out hymn verses, I have to check my hymnbook to see if they are in public domain.  Many of them are not.  So I can't post them here or discuss them.  Unless there is a way and I don't know what it is.

Often a Google search comes to this blog looking for Paul Gerhardt songs in English for example.  Guess what they are not all in public domain.  So I discuss them a little bit and tell people they have to buy a hymnbook from CPH.

2.  On YouTube you can get many beautiful Lutheran hymns in German performed by unnumbered choirs, congregations, bands, organists, etc.--a huge wealth.   In English--you can get practically nothing.  (And people want to promote good hymnody.  Something here gives.)

I have spoken with a major Lutheran choir director of a major Lutheran choir and suggested perhaps the choir could perform some hymns and post them to YouTube.  Your guessed it, it can't be done--the translations are all under copyright.

So on-line, we can mostly find hymns originally written in English.  The English hymns are beautiful, too.  Often I think a hymn originally written in English works better anyhow than those translated into English.  But if you want them, the translated German hymns are not there.  You can get Bach Cantatas and such, but they are not translated.  Or the translations are quite ancient and therefore are not copyrighted, and usually not appealing to modern singers.

3. I used to be able to send people to a link under the LCMS website where Luther's Small Catechism with Explanations (basically lists of Bible verses) was available for reading by anyone.  Now, it is no longer there because of "intellectual property rights".  This is a big, huge loss to the community world-wide.

Many of us do not live in places where you can pick up a catechism.  When I travel, I check the bookstores small and large in big cities and small, to see if there is anything available by Luther or CPH.  Generally, there is nothing whatsoever.  So, most of us, who want to look at a Small Catechism with Explanations, have to order one on-line or buy an e-version--granted that would be much quicker if a person likes to read that way (not me).  It takes considerable time to get a delivery.  (So, I usually have several available and give them away.)

I grew up and was confirmed in Germany and we never studied the catechism.  It bothers me now that nice versions should not be available on the internet.  Luther wrote them because there was such a dire need among the poor and the young and the old, especially in far-flung places and the villages.

So much junk can be picked up everywhere and is beamed around the world.  I think we need to be more free with our treasures.  Somehow.  Let's figure it out.