German Copyright and Media Law

1. Introduction to German Copyright and Media Law

German media law (Medienrecht) complements copyright law (Urheberrecht) by regulating how media content is created, distributed, and consumed. It covers various aspects, including online media, influencer rights, and social media regulations. The primary legal sources include the Telemediengesetz (TMG), Medienstaatsvertrag (MStV), and relevant sections of the Urheberrechtsgesetz (UrhG).

2. Online Media Law in Germany

Online media law applies to digital publications, news portals, streaming services, and other online content platforms. Key regulations include:

Liability for Content (§ 7-10 TMG) – Providers of online services must ensure compliance with legal standards, including hate speech and defamation laws.

Right to be Forgotten (BGH, Urteil v. 27. Juli 2020 – VI ZR 405/18) – Search engines may be required to remove outdated or irrelevant personal data upon request.

Youth Protection (Jugendschutzgesetz, JuSchG & JMStV) – Age restrictions and content labeling requirements apply to digital platforms.

Example Case: BGH, Urteil v. 29. September 2022 – I ZR 207/19 (YouTube II)

The Federal Court of Justice ruled that YouTube was partially responsible for copyrighted content uploaded by users if it failed to take prompt action after notification.

3. Influencer Rights and Social Media Law

Social media and influencer marketing fall under German media law due to their significant role in advertising and content creation. Key areas include:

3.1 Advertising and Labeling Requirements

Influencers must comply with the Unfair Competition Act (UWG) and disclose advertising content.

BGH, Urteil v. 9. September 2021 – I ZR 90/20 („Influencer Marketing II“) : The court ruled that posts promoting products must be labeled as advertisements if influencers receive compensation.

Landgericht München, Urteil v. 29. April 2021 – 4 HK O 13912/20: Sponsored Instagram posts without clear disclosure were deemed misleading.

3.2 Liability for User-Generated Content

Platform Liability (§ 10 TMG) – Social media platforms are not liable for user-generated content unless they fail to remove unlawful material after notification.

Hate Speech Law (NetzDG) – Requires platforms to delete illegal content within 24 hours to avoid penalties.

3.3 Copyright Issues in Social Media

Influencers often use third-party content, leading to copyright disputes.

BGH, Urteil v. 30. April 2020 – I ZR 115/16 („AfD-Politikerin auf Facebook“) : Sharing images without permission can constitute copyright infringement, even on social media.

4. Contracts in Media Law

Different types of contracts regulate media and influencer activities:

Licensing Agreements – Grant rights for media use, including video and music streaming.

Sponsorship and Endorsement Contracts – Define obligations of influencers regarding advertisements.

Content Distribution Agreements – Regulate content rights between media producers and platforms.

5. Conclusion

German media law is an evolving field that complements copyright law, ensuring legal compliance in digital and social media spaces. The increasing role of online platforms necessitates careful adherence to advertising, liability, and copyright regulations. Consulting legal experts is crucial to navigating these complex areas effectively.