Abstract
British and German law provide diametrically opposed answers to the question of the transferability and thus the marketability of copyright property assets.Under the current legal situation in Germany, the non-transferability doctrine of copyrights is maintained. The law thus continues to follow the monistic theory. However, in recent years, it has been observed in German legal literature that this doctrine has been eroded. In fact, there are examples showing that the copyright can be legally transferred.This development is interesting because German copyright goes one step further than the situation in the UK. Whereas moral rights cannot be transferred under British copyright law, and a waiver is possible at best, in Germany moral rights can factually be transferred under both the law of succession and employment law.
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