german-copyright-law 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,  German english-lawyer-copyright-copyrights-attorney-court 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 Lawyer Germany English language Attorney-at-law English Lawyer germany french advocat francais allemagne French Attorney in Germany spanish language abogado alemania Spanish Attorney/ Lawyer in Germany Italian language avvocatto germania Italian Lawyer/ Attorney Germany Portuguese language advogado Alemanha Portuguese Polish speaking Lawyer/ Attorney in Germany adwokat Niemcy Polish Japanese speaking Lawyer/ Attorney in Germany Bengoshi Doitsu Japanese Attorney/ Lawyer Vietnamese language luat su Vietnamese Korean speaking lawyer/ attorney in Germany, Europe Korean Chinese language Lawyer/ Attorney in Germany/ Europe Chinese Lawyer/ Attorney russian speaking advokat Germaniya Russian

 

Contact Us Trademark Application Lawyers Imprint Privacy Policy Links

horak.   
Attorneys at Law

copylawyers

Locations Berlin Bielefeld Bremen Düsseldorf Frankfurt Hamburg Hanover Leipzig Munich Stuttgart

copyright-lawyer-copylawyers.com copyright attorney solicitor lawyer german copyright representative german copyright law media law licence law competition lawyer copyright open source copyright game copyrights software copyrights game player copyrights source code copyrights film rights music rights right chain multi media rights copyright attorney at law 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).

copyright-lawyer-copylawyers.com copyright attorney solicitor lawyer german copyright representative german copyright law media law licence law competition lawyer copyright open source copyright game copyrights software copyrights game player copyrights source code copyrights film rights music rights right chain multi media rights copyright attorney at law 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).

copyright-lawyer-copylawyers.com copyright attorney solicitor lawyer german copyright representative german copyright law media law licence law competition lawyer copyright open source copyright game copyrights software copyrights game player copyrights source code copyrights film rights music rights right chain multi media rights copyright attorney at law 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).

copyright-lawyer-copylawyers.com copyright attorney solicitor lawyer german copyright representative german copyright law media law licence law competition lawyer copyright open source copyright game copyrights software copyrights game player copyrights source code copyrights film rights music rights right chain multi media rights copyright attorney at law 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).

Basic IP Law  Copylawyers  Our Services  Copyright FAQ  Licence Law  Copyright Regulations  Copyright Act  Copyright Rulings  Media Law

 

Copylawyers.. Copyright Law.. Software Law..

Copylawyers
Copyright Law
Copyright FAQ
Media Law
Software Law
Licence Law
Competition Law

 

horak.
Attorneys at Law Hannover
Lawyers
Patent Attorneys
Georgstr. 48
30159 Hannover (Headquarter)
Germany
Fon +49 511.35 73 56-0
Fax +49 511.35 73 56-29
info@copylawyers.com  
hannover@copylawyers.com
 
horak.
Attorneys at Law Berlin
Lawyers
Patent Attorneys
Wittestraße 30 K
13509 Berlin
Germany
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
berlin@copylawyers.com
 
horak.
Attorneys at Law Bielefeld
Lawyers
Patent Attorneys
Herforder Str. 69
33602 Bielefeld
Germany
Fon +49 521.43 06 06-60
Fax +49 521.43 06 06-69
bielefeld@copylawyers.com
 
horak.
Attorneys at Law Bremen
Lawyers
Patent Attorneys
Parkallee 117
28209 Bremen
Germany
Fon +49 421.33 11 12-90
Fax +49 421.33 11 12-99
bremen@copylawyers.com
 
horak.
Attorneys at Law Düsseldorf
Lawyers
Patent Attorneys
Grafenberger Allee 293
40237 Düsseldorf
Germany
Fon +49 211.97 26 95-00
Fax +49 211.97 26 95-09
duesseldorf@copylawyers.com
 
horak.
Attorneys at Law Frankfurt/ Main
Lawyers
Patent Attorneys
Alfred-Herrhausen-Allee 3-5
65760 Frankfurt-Eschborn
Germany
Fon +49 69.380 79 74-20
Fax +49 69.380 79 74-29
frankfurt@copylawyers.com
 
horak.
Attorneys at Law Hamburg
Lawyers
Patent Attorneys
Colonnaden 5
20354 Hamburg
Germany
Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
hamburg@copylawyers.com
 

horak.
Attorneys at Law LEIPZIG
Lawyers
Patent Attorneys

Friedrich-List-Platz 1
04103 Leipzig
Germany

Fon 0341.98 99 45-50
Fax 0341.98 99 45-59
leipzig@copylawyers.com

 
horak. 
Attorneys at Law Munich
Lawyers
Patent Attorneys
Landsberger Str. 155
80687 Munich
Germany

Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
munich@copylawyers.com
 
horak.
Attorneys at Law Stuttgart
Lawyers
Patent Attorneys
Königstraße 80
70173 Stuttgart
Germany
Fon +49 711.99 58 55-90
Fax +49 711.99 58 55-99
stuttgart@copylawyers.com
 

German Software Law

German software law covers various aspects of intellectual property, licensing, and contract law. It is primarily regulated by copyright law (Urheberrecht, §§ 69a-69g UrhG) and patent law (Patentrecht, § 1 PatG), with additional relevance under database law, open-source regulations, and artificial intelligence (AI) governance. The legal framework applies to software in both compiled and non-compiled forms.


1. Legal Protection of Software in Germany

1.1 Copyright Protection for Software (Urheberrecht)

Software is protected under § 69a UrhG as a literary work if it constitutes an individual intellectual creation. This protection extends to:

  • Source code and object code, whether compiled or not.
  • User interfaces, provided they reflect original creative input.
  • Software documentation (e.g., manuals, API documentation).

The author retains exclusive rights over:

  • Reproduction (§ 69c UrhG) – Copying software (e.g., backups, cloning).
  • Modification and Adaptation (§ 69c UrhG) – Derivative software (e.g., customized versions).
  • Distribution (§ 69c UrhG) – Selling or licensing software copies.

⚖️ Example Case: BGH, Urteil v. 3. Februar 2022 – I ZR 111/20 ("UsedSoft III")
The German Federal Court of Justice (BGH) confirmed that software downloaded online can be resold if the original copy is deleted, following the exhaustion principle.


1.2 Patent Protection for Software (Patentrecht)

German law excludes software "as such" from patentability under § 1(3) PatG, unless it presents a technical solution beyond standard programming. Patentable software innovations include:

  • Embedded systems (e.g., software in medical devices or autonomous vehicles).
  • AI algorithms with technical applications (e.g., machine learning for industrial automation).
  • Security software (e.g., encryption methods that improve hardware security).

⚖️ Example Case: BGH, Urteil v. 20. Januar 2010 – X ZR 47/07 ("Dynamische Dokumentengenerierung")
The BGH ruled that a computer-implemented invention could be patented if it involved a technical contribution beyond mere data processing.


2. Open Source Software (OSS) and Licensing

Open-source software is subject to copyright law but is distributed under specific licenses allowing modification and redistribution. The most common OSS licenses in Germany include:

  1. GPL (General Public License) – Requires modified versions to remain open-source.
  2. MIT License – Allows unrestricted use, modification, and distribution.
  3. Apache License – Includes patent protection but permits commercial use.
  4. BSD License – Minimal restrictions, often used in academic settings.

⚖️ Example Case: LG München I, Urteil v. 19. Mai 2022 – 21 O 10694/21
A company was found liable for using GPL-licensed software in a commercial product without disclosing the modified source code.


3. Database Protection (Datenbankrecht, §§ 87a-87e UrhG)

Databases receive sui generis protection under § 87a UrhG if they require substantial investment in data collection and structuring. Database creators can prevent unauthorized extraction or reuse.

⚖️ Example Case: BGH, Urteil v. 30. April 2020 – I ZR 115/16 ("AfD-Politikerin auf Facebook")
Confirmed that scraping content from a protected database without permission constitutes copyright infringement.


4. Artificial Intelligence (AI) and Software Law

AI-generated software raises legal questions, including:

  • Who owns AI-generated code? Currently, German law does not recognize AI as an author.
  • Liability for AI decisions – Companies using AI systems must ensure compliance with GDPR and algorithmic transparency.

⚖️ Example Case: LG München I, Urteil v. 9. März 2022 – 21 O 16384/20
The court ruled that AI-generated artwork lacks copyright protection since there is no human authorship.


5. Contracts in Software and Patent Law

Software transactions require legally binding agreements, including:

  • Software Licensing Agreements – Regulate usage rights (e.g., exclusive vs. non-exclusive licenses).
  • Software Development Agreements – Define ownership of custom-developed software.
  • Patent Licensing Agreements – Establish conditions for software patent usage.

⚖️ Example Case: OLG Düsseldorf, Urteil v. 15. Juli 2019 – I-20 U 102/18
A dispute over a software development contract confirmed that without clear terms, the developer retains copyright ownership over the software.


6. Role of Copyright and Patent Lawyers

Intellectual property (IP) lawyers specializing in software law assist with:

  • Contract drafting and negotiation (licensing, development, patent agreements).
  • Enforcing software copyrights and patents (litigation, cease-and-desist letters).
  • Advising on open-source compliance to prevent legal risks.
  • Patent applications for software-based inventions before the German Patent and Trademark Office (DPMA).


7. German software law

German software law is a complex field requiring expertise in copyright, patent, and contract law. While software is mainly protected under UrhG, patent protection is possible if technical innovation is involved. With the rise of AI and open-source software, legal experts play a critical role in ensuring compliance and protecting intellectual property rights.

trademarks-patents-desings-law-lawyer german law firm litigator litigation file court suit attornye print  attorney-at-law-hannover-germany-europe-trademark save attorney-solicitor-hannover-stuttgart-berlin-german-law-firm-Ankam Berlin Hamburg München Köln Frankfurt Stuttgart Dortmund Düsseldorf Essen Bremen Hannover Leipzig Dresden Nürnberg Duisburg Bochum Bielefeld Wuppertal Bonn Mannheim Karlsruhe Wiesbaden Münster Augsburg Gelsenkirchen Aachen Mönchengladbach Braunschweig Chemnitz Krefeld Halle Magdeburg Freiburg Oberhausen Lübeck Erfurt Rostock Mainz Kassel Hagen Hamm Saarbrücken Herne Ludwigshafen Osnabrück Solingen Leverkusen Oldenburg Potsdam Neuss Heidelberg Paderborn Darmstadt Regensburg Würzburg Ingolstadt Heilbronn Ulm Göttingen Wolfsburg Recklinghausen Pforzheim Offenbach Bottrop Bremerhafen Fürth Remscheid Reutlingen Moers Koblenz Erlangen Trier Salzgitter Siegen Jena Hildesheim Cottbus Gera Wilhelmshaven Delmenhorst Lüneburg Hameln Wolfenbüttel Nordhorn Cuxhaven Emden Lingen Peine Melle Stade Goslar Neustadt lawyers attorneysback  german-law-european-law-eurpean-lawyer-specialist-expert-german-law competition law germany copyright law german design lawyer food attorney media law germany online and computer lawyers patent law patent application telecommunications law office trademark law firmOnline-Request