Copyright is based on Copyright Act (UrhG).Copyrights protect creations such as images, texts, music, films, computer programs, works of fine art, works of applied art and scientific or technical presentations. It automatically grants the author a number of rights, some of which not transferable. The is no “work for hire” in German copyright law. The creartor can determine the entire economic exploitation of his work, including reproduction, distribution and publication, and can also transfer (almost) all or part of his commercial rights to third parties.
Almost all traditional and new media companies depend on the exploitation of copyrighted content. Copyright law therefore is the economic foundation of the entire media and entertainment industry. The text and images in newspapers, magazines, and books, as well as the content of movies, television, and radio, are copyrighted works and services, or are based on them. In the advertising industry, for example, the services of designers such as product designers, web designers, and developers of logos, graphics, and visualizations may be protected under copyright law. Copyright in computer games and other software is also becoming increasingly important. Copyright is also relevant to almost all areas of the Internet. For certain social networks such as Youtube, Instagram, etc. or streaming services such as Spotify, it is even the fundamental basis.
In all these cases, it is imperative that the user of copyrighted material obtains all necessary rights from the author. Therefore, in all these areas, a legally compliant contractual agreement governing the necessary rights of use is vital.
If protected works or services are used by an unauthorized person, German and international copyright law offers a variety of possibilities to oblige the infringer to cease the unauthorized use and to remedy the infringement, as well as to demand information and compensation for the unauthorized use.
In particular, the amount of compensation is the starting point for many disputes. As in general tort law, the creator of the work may first seek compensation from the infringer for the specific damages suffered. Since it is often difficult to determine the amount of damages, for example because a photographer does not know and/or cannot prove that he actually lost an order of a certain volume as a result of the infringement, the author has two further options for calculating his damages. In addition to claiming specific damages, the author has the right to choose between claiming from the infringer the profit made from the exploitation of his work or an appropriate royalty, which may also be based on market rates.
In addition, under the German Copyright Act, the author, e.g. the photographer, artist, graphic designer or musician, has an indispenable right to his work, which is also violated in the case of copyright infringement. This moral right includes, in addition to the author's right to decide on the manner of publication of his work, essentially two main cases. On the one hand, the author has a right of attribution, which allows him/her to identify the work with an author's name, e.g. his/her real name or a pseudonym. On the other hand, the author can defend himself against defacements of his work.
Publishing law
Publishing law consists of the legal regulations of the Publishing Act (VerlG) und dem aus dem Copyright Act (UrhG). and the publisher's right of use for the reproduction and distribution of a work of music or literature, which is derived from the Copyright Act (UrhG). In addition, the provisions of the Book Price Fixing Act (BuchPrG) and competition law play a major role in publishing law.
Publishing law governs the legal relationship between creators - e.g. authors, translators, illustrators, songwriters - and publishers. The author of a work enters into a publishing agreement to transfer the work to the publisher for reproduction and distribution. In return, the publisher agrees to produce and distribute the work in a specified number of copies and at its own expense in accordance with the agreement.
We assist our clients throughout the creative process and protect their rights by negotiating, drafting, and reviewing publishing and art publishing agreements, illustrator agreements, multi-author agreements, ghostwriting agreements, commission agreements, translation agreements, and film adaptation agreements. Our services also include reviewing and registering proposed titles of works to be published by filing title protection notices and arranging for the notarization of your manuscripts and other unpublished works.
When reviewing a publishing contract, the provisions of German civil law on General Terms and Conditions must always be observed, provided that the contract is a standard contract. The publishing contract must not unreasonably disadvantage the author; the provisions must be transparent and easy for the author to understand and must not contain any surprising clauses. For example, non-compete clauses in publishing contracts are permissible only if they are limited in time.
The system of press distribution, with its peculiarities of press wholesaling, national distribution and railway station bookstores, as well as the provisions on fixed book prices (BuchPrG), poses a special challenge for publishing law and gives rise to numerous special problems, especially with regard to competition law. Due to the large number of judgements, frequent forum shopping, a certain tendency towards case law, the frequent differences in case law in the various court districts and the sometimes complicated procedural issues, competition law as it relates to publishing is a highly complex matter.
In addition, the legal relationships with the respective collecting societies (organizations that collect royalties on behalf of copyright owners), such as GEMA, VG Wort and VG Bild und Kunst, must be taken into account and included in the overall advice.
Our expertise in copyright and publishing law German and international
copyright law in all its facets is one of our firm's specialties. We represent creators and users of copyrighted works in all areas of literature, science and art. We assist our clients at every stage of the creative process, from protecting ideas through confidentiality agreements and depositions to complex production, distribution and licensing agreements.
We also represent publishers, authors, musicians, producers and music associations throughout Germany in all matters of (music) publishing law and publishing-related competition law.
The defense against unjustified claims of third parties or the disputed enforcement of their rights by issuing or responding to cease-and-desist letters and conducting legal proceedings such as preliminary injunctions and main proceedings is one of the particular strengths of our law firm, thanks to the many years of practical experience and specialization of our lawyers specializing in copyright law.
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