Koalitionsausschuss beschließt Eckpunkte des Leistungsschutzrechts

Der Koalitionsausschuss von CDU, CSU und FDP hat heute Abend Eckpunkte des Leistungsschutzrechts für Presseverlage beschlossen. In der Erklärung der Parteien heißt es dazu wörtlich:

Urheberschutz – Leistungsschutzrecht für Presseverlage
Im Koalitionsvertrag ist vereinbart, dass Verlage im Online-Bereich nicht schlechter gestellt sein sollen als andere Werkvermittler. Deshalb sollen Hersteller von Presseerzeugnissen ein eigenes Leistungsschutzrecht für die redaktionell-technische Festlegung journalistischer Beiträge oder kleiner Teile hiervon erhalten.
Gewerbliche Anbieter im Netz, wie Suchmaschinenbetreiber und News-Aggregatoren, sollen künftig für die Verbreitung von Presseerzeugnissen (wie Zeitungsartikel) im Internet ein Entgelt an die Verlage zahlen. Damit werden die Presseverlage an den Gewinnen gewerblicher Internet-Dienste beteiligt, die diese – mit der bisher unentgeltlichen – Nutzung der Verlagserzeugnisse erzielen. Auch die Urheber sollen eine angemessene finanzielle Beteiligung an der Verwertung des Leistungsschutzrechts erhalten. Einzug und Verteilung der Entgelte soll über eine Verwertungsgesellschaft erfolgen. Die Schutzdauer soll ein Jahr betragen.
Die private Nutzung von Presseerzeugnissen im Internet wird nicht vergütungspflichtig, normale User werden also nicht betroffen sein. In der gewerblichen Wirtschaft bleiben das Lesen am Bildschirm, das Speichern und der Ausdruck von Presseerzeugnissen kostenfrei.

Den geplanten Gesetzestext kennen die Verlage und auch noch nicht. Sagen lässt sich aber jetzt schon, dass Befüchtungen, private Nutzung oder Lesen am Bildschirm könne kostenpflichtig werden, unbegründet waren. Verlage haben dies nicht vorgeschlagen, und der Gesetzgeber führt es nicht ein.

Im Beschluss enthalten sind auch Änderungen des Pressefusionsrechts. Zitat:

Aufgreifschwelle von 25 Mio. € Umsatz auf 62,5 Mio. € angehoben (normale Auf- greifschwelle beträgt 500 Mio. € Umsatz). Auch eine Reihe von weiteren Regelungen sind hier vereinbart worden, u.a. die Anhebung der Bagatellmarktklausel von 750.000 € auf 1,875 Mio. €. Damit soll den Presseverlagen einerseits der wirt- schaftlich notwendige Strukturwandel erleichtert werden, zum anderen der Erhalt einer vielfältigen und lebendigen Presselandschaft in Deutschland gewährleistet bleiben.

Die Verlage haben die Entscheidung der Koalition begrüßt. Hier die Pressemitteilung von VDZ und BDZV:

Presseverlage begrüßen Entscheidung der Koalition zum Leistungsschutzrecht
Zeitungs- und Zeitschriftenverlage begrüßen den Beschluss des Koalitionsausschusses, das Leistungsschutzrecht für Presseverleger jetzt auf den Weg zu bringen. Damit sollen – so der Beschluss – die Presseverleger im Online-Bereich nicht schlechter gestellt werden als andere Werkmittler. Dies ist so auch im Koalitionsvertag vorgesehen. Der BDZV und der Verband Deutscher Zeitschriftenverleger (VDZ) betonen am 4. März in Berlin, im digitalen Zeitalter sei ein solches Recht unverzichtbar, um die gemeinsame Leistung von Journalisten und Verlegern wirksam schützen zu können. Das Leistungsschutzrecht sei keine hinreichende, wohl aber eine notwendige Bedingung für den Erhalt einer freien und staatsunabhängig finanzierten privaten Presse im digitalen Zeitalter.


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