Copyright and media law
As specialist lawyers for copyright and media law, we advise artists and freelancers such as authors, poets, painters or musicians as well as companies and private individuals on all questions of copyright law.
In the field of internet law and e-commerce, we advise and support you in all questions concerning your internet project. We accompany you from the first idea to the planning, implementation and operation of your internet project. Internet law is complex. Especially for shop operators it holds a multitude of legal traps in store. With our lawyers we cover this legal cross-sectional area of industrial property protection, copyright, civil and consumer law as well as numerous special laws. And, of course, we also accompany you internationally, because e-commerce does not stop at borders.
You might also ask yourself one of the following questions …
These are often mass reminders.
In these cases, the warning letter regularly demands the submission of a declaration of discontinuance with penalty clause as well as the payment of compensation for expenses and damages.
This does not always constitute an infringement of copyright.
If a copyright infringement is given, a cease-and-desist declaration must be submitted. However, this is not necessary in the pre-formulated form, which is probably disadvantageous for you.
Similarly with the demand for payment; if the warning is justified, you are basically obliged to pay, but the amount of the claim for money is often set too high. If there are doubts about the justification of the warning, the claim can be rejected.
Overall, it can be said that authors have a very strong legal position. This is often much more pronounced than the authors themselves are aware of.
First and foremost, authors’ personal rights arise. These essentially grant the author the right of publication, the right to have his authorship recognised and the right to prohibit distortion or other impairment of the work under certain circumstances.
In addition, there are copyright exploitation rights, such as the right of reproduction, processing and public communication.
One of the most recent reforms of copyright law in 2002 has again significantly strengthened authors’ rights. For example, a claim for separate subsequent payment may arise if the previous payment was not fair and reasonable and also if the work is used in a way that was not used when the contract was concluded. This is an exception to the principle pacta sunt servanda and protects the author in a special way.
In order to enable the use of the work, contracts of use and license agreements are possible.
But what can you do if your rights are infringed, for example by taking over images, product photos, texts, brochures, pieces of music, films or illegal downloads?
First of all, you, as the author, can demand that the infringing behaviour be stopped. In addition, a claim for damages may also be considered. In addition, the person infringing the intellectual property rights can make himself liable to prosecution.
The prerequisite for the scope of application of copyright law is the existence of a work.
By this the law understands a personal intellectual creation. It must therefore be a perceptible creation created by a person with a sufficient degree of individuality (level of creation). The result of the creation must stand out from the mass of everyday life and from merely manual or routine achievements.
As examples, the Copyright Act itself cites linguistic works, works of music, pantomimic works including the art of dance, works of fine and applied arts and works of architecture, as well as their drafts, photographic works, cinematic works and representations of a scientific or technical nature. Specifically, therefore, photographs, poems, but also unknown works such as databases and much more are subject to copyright.
… then we will be happy to help you.
Contract advice and contract drafting regarding personal and exploitation rights under copyright law
Advice and representation in existing disputes such as claims for injunctive relief, damages or enrichment as well as claims for participation by authors