Copylawyers - German Copyright Lawyers

We advise artists, musicians, composers, copywriters, authors, photographers, designers, actors, models, as well as media, publishing, production and distribution companies of different sizes in all matters relating to German and international copyright and ancillary copyright law. This is the way it should be.

We do, however, offer more. Our lawyers are highly specialised experts who closely work together with companies in the media, film and music industry. You might already know us from former co-operation. You may have read scientific publications written by one of or lawyers, you may have participated in our seminars or you may have heard about us in the mass media.

Should this be the first time that you have heard about us, you will get to know us as a reliable legal partner who will help you achieve your goal. We may as well appeal to you because of our profile and practice areas, which your network of experts does not yet cover.

Among our practice areas you will find the following:

• drafting and revising licensing contracts, contractual agreements, as well as book publishing contracts, edition contracts and publishing administration agreements, including drafting contracts for the production of sound storage media, film bases and data processing media (transfer agreements for artists and bands, distribution agreements, performance agreements, live performance agreements);
   
• general media law, including publishing law, law of the press, internet, music, film, television and events, as well as drafting agreements for film and television productions (screenwriter contracts, product placement agreements, producer contracts);
   
• management contracts, agency contracts, promotion agreements, media cooperation agreements and merchandising agreements;
   
• protection of domain names, trademarks and trade names, hosting, access-, service- and content providing as well as liability in the internet, especially liability for one’s own contents and contents of third parties, as well as linking liability;
   
• software and database law (mobile commerce, MMS, Digital Rights Management, i.e. administration of DRM systems, technical protective measures such as access control systems, copy protection systems for audio-CDs, DVDs, film and multimedia DVDs, and other data storage media;
   
• negotiating on behalf of authors with production and distribution companies;
   
• assisting production and distribution companies at negotiations with authors;
   
• examining and evaluating works in the areas of design and art as far as copyright issues are concerned (also linguistic, sound and picture works)
   
• rights clearance and acquisition, litigation;
   
• national and international management of rights;
   
• usability checks;
   
• out-of-court dispute resolution and litigation in all copyright matters, (including interim injunction and international legal relations).

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Please note that no client-lawyer relationship is created by sending the above form and no attorney’s fees are due. Having received your enquiry, we will inform you what fees would be due if you decided to commission us.

German and European Copyright Law

1. Introduction to Copyright Law

Copyright law protects the rights of creators over their original works, ensuring they have control over the use and distribution of their creations. In  Germany, copyright law is governed by the Urheberrechtsgesetz (UrhG), while at the European level, it is harmonized through various directives and regulations.

2. Historical Development

German Copyright Law

The origins of German copyright law date back to the 19th century. The  first comprehensive copyright law was enacted in 1871, following the  unification of Germany. The current Urheberrechtsgesetz (UrhG) was adopted in 1965 and has since been amended multiple times to adapt  to technological advancements and EU harmonization efforts.

European Copyright Law

The European Union has been working towards harmonizing copyright laws  across member states since the 1990s. Key directives include the Copyright Directive (2001/29/EC), which establishes a framework for copyright and related rights in the information society, and the Digital Single Market Directive (2019/790), which addresses modern challenges in the digital environment.

3. Subject Matter of Copyright

Copyright protects original works of authorship that are the result of individual intellectual creation. This includes:

Literary works (e.g., books, articles)

Musical works (e.g., compositions, songs)

Artistic works (e.g., paintings, sculptures)

Cinematographic works (e.g., films, videos)

Software and databases

4. Types of Rights

Copyright encompasses two main types of rights:

Moral Rights (Urheberpersönlichkeitsrechte)

These protect the personal and reputational interests of the author. They include:

The right to be recognized as the author (right of attribution).

The right to object to any distortion or mutilation of the work that could harm the author's honor or reputation (right of integrity).

Economic Rights (Verwertungsrechte)

These allow the author to control the economic exploitation of the work. They include:

The right to reproduce the work (reproduction right).

The right to distribute the work (distribution right).

The right to publicly perform or display the work (public performance right).

The right to adapt or translate the work (adaptation right).

The right to communicate the work to the public, including via digital means (communication to the public right).

5. Types of Usage Rights

Usage rights can be categorized as:

Exclusive Rights: Only the copyright holder can exercise these rights, and they can license them to others.

Non-exclusive Rights: The copyright holder can grant these rights to multiple parties simultaneously.

Sublicensing Rights: The licensee can grant usage rights to third parties, subject to the original license terms.

6. Copyright Infringement

Copyright infringement occurs when a work is used without the authorization of  the copyright holder, violating their exclusive rights. Examples  include:

Unauthorized Reproduction: Copying a book or downloading a movie without permission.

Unauthorized Distribution: Sharing copyrighted music or software on peer-to-peer networks.

Unauthorized Public Performance: Playing a copyrighted song in a public venue without a license.

Plagiarism: Passing off someone else's work as one's own.

7. Case Law and Jurisprudence

GEMA vs. YouTube (2012): The German Federal Court of Justice ruled that platforms like YouTube  must take reasonable measures to prevent the upload of copyrighted  content.

Metall auf Metall (2012): The  German Federal Constitutional Court held that sampling a sound recording without permission constitutes copyright infringement, emphasizing the  balance between artistic freedom and copyright protection.

CJEU Case C-5/08 (Infopaq International, 2009): The Court of Justice of the European Union ruled that even short  excerpts of text can be protected by copyright if they are the result of individual intellectual creation.

8. What Copyright Lawyers Do

Copyright lawyers, or Urheberrechtler, provide a range of services, including:

Legal Advice: Advising clients on copyright protection, licensing, and enforcement.

Contract Drafting and Negotiation: Drafting and negotiating licensing agreements, distribution agreements, and other contracts related to copyright.

Litigation: Representing clients in copyright infringement cases, both in court and in alternative dispute resolution proceedings.

Registration and Enforcement: Assisting with the registration of copyrights and enforcing rights against infringers.

Compliance and Risk Management: Ensuring that clients comply with copyright laws and managing risks related to copyright use.

9. Conclusion

German and European copyright laws provide a robust framework for protecting  the rights of creators while balancing the interests of users and the  public. Understanding the nuances of these laws is crucial for creators, businesses, and legal professionals to navigate the complex landscape  of intellectual property rights. Copyright lawyers play a vital role in  advising, protecting, and enforcing these rights, ensuring that the  creative works of individuals and organizations are safeguarded in an  ever-evolving digital world.