Press and media law
As long-standing specialists in copyright and media law, we advise and represent you in all matters of press and media law. This includes claims within the scope of public reporting in the press, radio, television or the Internet. Often personal rights, personal honour or the right to one’s own image are affected. Further areas of expertise are legal questions concerning test reports or rating portals.
Our clients include companies in the media industry, publishing houses, journalists, freelancers and operators of Internet platforms.
You might also ask yourself one of the following questions …
Basically, it is the right of every person to decide how, where and whether images of their person are distributed. The right to one’s own picture is protected above all by the Art Copyright Act (KUG). According to § 22 KUG, portraits may only be distributed or publicly displayed with the consent of the person depicted.
If your picture is published without consent, a claim for removal and omission, as well as a claim for damages and monetary compensation may arise.
The right to one’s own name is also part of the general personal rights and is anchored in § 12 BGB. If this right is disputed by another person or violated by the unauthorised use of the same name, a claim for removal and omission, as well as compensation for damages, can also arise here.
An insult is when the disrespect of a person who is defamatory is made public. On the other hand, slander is the assertion of untrue facts which are likely to disparage or belittle the person concerned or threaten his or her credit.
Both the insult as well as the slander constitute criminally punishable acts, §§ 185, 187 StGB. The perpetrator must expect a prison sentence or fine.
However, civil law claims may also arise.
However, a claim for monetary compensation is only given if there is a considerable impairment of the right of personality. Whether the impairment is substantial can only be determined on the basis of the individual case.
If there is a risk of recurrence, the impaired party is entitled to injunctive relief. In this way at least a renewed insult or defamation can be prevented.
The right to informational self-determination is an element of the general right of personality, which is anchored in Article 1 I in connection with Article 2 I GG. It protects the right of the individual to decide what personal data he or she discloses and how it may be used. Thus an authority to dispose of data is protected.
A violation of this right may give rise to a claim for injunction, correction or revocation, for counterstatement, and also a claim for damages and monetary compensation.
Companies are also granted a right to informational self-determination, the core area of which primarily includes business and trade secrets.
… then we will be happy to help you.
Our services: Advice and representation
in questions of general personal rights, personal honour, the right to a name, the right to one’s own image (§§ 22, 23 Art Copyright Act)
in matters of corporate personality law (protection of the social scope and respect of the company), etc.
in questions of media law, press law, word and image reporting as well as the right to make statements in general
with regard to the protection of privacy, confidentiality and privacy
in cases of negative ratings and false statements on the Internet, especially in rating portals
with regard to the right to informational self-determination (right to decide on the disclosure and use of personal data)
regarding the right to the spoken word (e.g. tape recordings) and the right to the written word (e.g. diary entries)
in cases of so-called cyber-bullying and so-called sexting
in relation to the right to be forgotten (Google and other search engines)
Our services for assertion and defence
claims for injunctive relief, claims for counterstatement, claims for correction, revocation and other claims such as claims for damages and monetary compensation
of cancellation claims with regard to negative evaluations
of claims for protection of honour (e.g. abusive criticism, insult, slander, disparagement), protection of the name, protection of the right to one’s own image
taking criminal proceedings to protect victims quickly and effectively from intimate publications or so-called sexting
Our services for judicial enforcement and defence
of claims (injunction, information, compensation, etc.), in particular also representation in proceedings for interim legal protection and temporary injunctions