Copyright law

Copyright Work, Exploitation Right, License Agreement, Copyright Infringement, Cease-and-Desist Letter

Copyright law governs the rights of artists, musicians, filmmakers, writers, software developers, and their creative works (photos, films, texts, music, and software). It is regulated by the German Copyright Act (UrhG). The UrhG defines the author, their moral rights, and co-authors. It also establishes when a copyright-protected work or related right exists, such as a photograph or a moving image. The Act outlines the exploitation rights of authors, such as the rights to distribution, reproduction, and public accessibility, as well as usage rights and the granting of licenses for creative works. Further significant aspects include the author's remuneration rights and the duration of copyright protection.

For software and computers, due to their technical specifics, the legislator has established a separate Section 8 titled "Special Provisions for Computer Programs." Copyright courts frequently deal with Sections 97 et seq. UrhG, where it is regulated that in the case of copyright infringement, cease-and-desist letters may be sent, injunctions and claims for damages may be pursued, and information claims enforced. Moreover, a copyright infringement may also constitute a criminal offense.

If you are an author or licensor and need legal advice for artists, photographers, musicians, filmmakers, software developers, or writers, you have come to the right place. You can easily reach our specialized attorneys in copyright law for a free initial consultation by phone (+49 40 7344086-0), WhatsApp, email (mail@sbs-legal.de), or through the contact form at the bottom of this page.

Our Services as a Law Firm and Specialist Attorneys for Copyright Law

• Drafting, reviewing, and modifying copyright agreements, exploitation agreements, publishing agreements, authors' contracts, management agreements, agreements regarding artworks and photographs, design contracts, or film contracts;
• Drafting, reviewing, and modifying license agreements for music, images, photos, films, written works, and software;
• Judicial enforcement or defense against cease-and-desist letters in copyright matters;
• Filing or defending preliminary injunctions, cease-and-desist actions, or claims for damages due to copyright infringement;
• Defense and enforcement of remuneration or licensing claims under copyright law;
• Professional assistance in determining the sufficient level of creativity required for a work to qualify for copyright protection;
• Comprehensive legal support in marketing and licensing of films, musical works, photographs, software, or artworks;
• Corporate and tax law support for authors, license traders, or collecting societies;
• Compliance consulting and drafting of compliance guidelines and terms of use, including for online exploitation of creative works.

Authors, Copyright Works, and Related Rights

An author, according to Section 7 of the UrhG, is the creator of a work. This includes those who have created a work in fields such as music, literature, art, or science. Under Section 8 UrhG, multiple authors can jointly create a work as co-authors. Typical creators include composers, painters, inventors, writers, designers, architects, and photographers. However, creators of marketing concepts, business plans, journalistic texts, or especially creative online offerings can also be authors in individual cases.

Authors create works, but the key question is whether the creation qualifies as a copyright-protected work, as full protection only applies in that case. Copyright works are defined in Section 2 UrhG and include literary works, computer programs, musical works, choreographic works, works of fine art (including architecture), works of applied art, photographic works, cinematographic works, and scientific or technical presentations. Whether a creation meets the required level of originality must be assessed individually.

In German copyright law, the concept of the "small coin" has developed, describing works that barely meet the threshold for copyright protection. Examples include utilitarian graphics, journalistic texts, or creatively designed websites exceeding average creativity.

► What exactly is a work?

Photographic works are also protected under Section 2 (1) No. 5 UrhG if they display personal intellectual creativity, e.g., through selection of the subject, technique, exposure time, camera angle, or color design. If the required originality is missing, it is considered a mere photograph, not a photographic work. Nevertheless, simple photographs, like press images or snapshots without significant creative input, are protected under Section 72 UrhG as related rights.

Thus, photographers enjoy personal rights and economic exploitation rights even for minimally creative works. In case of unauthorized use, they may issue cease-and-desist letters, seek injunctions, and claim damages.

Similarly, moving images without sufficient originality to qualify as film works are protected under Section 95 UrhG as related rights.

Exploitation Rights and Licensing in Copyright Law – Brief Overview

Exploitation rights are regulated in Sections 15–23 UrhG and grant authors comprehensive economic control over their works. Section 15 UrhG provides the exclusive right to exploit a work in tangible form, including reproduction (§16 UrhG), distribution (§17 UrhG), and exhibition (§18 UrhG). Authors also have the exclusive right to communicate their works to the public in intangible form, including performance, presentation (§19 UrhG), public accessibility (§19a UrhG), broadcasting (§20 UrhG), reproduction via audiovisual media (§21 UrhG), and retransmission of broadcasts (§22 UrhG).

► Detailed explanation of licensing

Authors may grant third parties or corporations usage rights ("licenses") for specific or all forms of exploitation. Usage rights are regulated by Sections 31 et seq. UrhG. Licensing is often referred to as granting a "license" or "licensing rights."

Performance protection rights are also relevant under copyright law.

Rights to Injunction, Cease-and-Desist Letters, and Damages in Copyright Law – A Short Guide

When a work is reproduced, distributed, made publicly accessible, or otherwise used without the author’s consent, this constitutes copyright infringement. Authors or license holders have rights under Sections 97 et seq. UrhG. They can issue cease-and-desist letters, seek preliminary injunctions, or file actions for injunction and damages. Under Section 98 UrhG, they can demand the destruction, surrender, or recall of unlawful copies. Section 101 UrhG grants extensive information rights regarding the extent of distribution, reproduction, and earnings.

Limitations of Copyright

No copyright infringement occurs if a legal limitation ("Schranke") applies, restricting the author’s exclusive rights. Limitations are regulated in Sections 44a–63a UrhG. Notable limitations include:

• Private copies (§53 UrhG);
• Quotations (§51 UrhG), where only permitted quotes from a work are used;
• Reporting on current events (§50 UrhG), allowing reproduction if obtaining prior permission is impractical.

Further protection may be available under the German Art Copyright Act for unauthorized use of personal images or names.

SBS LEGAL – Your Law Firm for Copyright and Related Rights in Hamburg

We are specialized attorneys for media and copyright law and your competent partner for all copyright matters.

Whether you need to draft or revise a copyright license agreement, assert your remuneration or licensing claims, enforce or defend against copyright infringement claims, or require assistance with the marketing and licensing of films, musical works, photographs, software, or artworks – SBS LEGAL is the right place for you. Our specialized attorneys master all these topics and more.

Do you have further questions about copyright law?

For legal advice for musicians, software developers, or other creators, our experienced specialist attorneys are happy to assist you – professionally and commercially focused. We look forward to your inquiry.

The initial consultation at SBS LEGAL is always free of charge.