Paneldiskussion: Aktueller Stand bei der Umsetzung eines Zweitverwertungsrechts in Deutschland, Österreich und der Schweiz

Although the secondary publication right has been enshrined in German and Austrian copyright law, its scope remains limited and open to interpretation. In Switzerland, the secondary publication right was not even included in the last copyright reform, with reference being made to the non-mandatory provision in the Code of Obligations. At the same time, studies have repeatedly found that authors in German-speaking countries rarely use their secondary publication rights (see Hamann, ZUM 2023, 410). The panelists at the jurOA conference 2022 examined the tension between these findings and the underlying interests from the perspectives of the three major German-speaking countries (Germany, Austria, and Switzerland).