Unlike a patent or a trade mark, the author’s right does not arise from the entry in a register, but already from the creation of the work. A relevant exception are photographs and moving images (videos), which already confer comprehensive protection on the photographer without any special originality being required (so-called ancillary copyright).
Whereas for decades copyright law primarily protected the novelist from a pirated print or from the takeover of his or her intellectual creation, the focus has shifted significantly with digitalisation. With today’s forms of communication (Instagram, Facebook, Youtube, TikTok), market participants not only reach their audience much faster, but above all with such a high reach and transparency that copyright infringement can be detected very easily – opportunity and risk at the same time! For as easy as it is today to create an appealing advertisement with images found on the internet, the danger is that this image is protected by copyright. Not only is there the threat of a cost-intensive warning notice, but also, and above all, of a hefty claim for damages in the four-digit range. If the photographer was not named, the amount of damages is doubled by the so-called infringer’s surcharge. We help you to work legally cleanly in this area right from the start. At the same time, we know the ways to defend you against claims.
In addition to photographic works, moving images are of great importance today. Even short sequences in the social media channel or on the website are subject to copyright protection and may not simply be used by third parties. The damage here can be considerable (especially when using double content). Films and recordings of stage plays, concerts or sporting events are now important and expensive assets that are quickly used by third parties for their own benefit and without authorisation. In addition to injunctive relief, the author is entitled to considerable damages.
An important part of our work is agreements on the granting of rights of use, in particular between authors and clients, but also in employment relationships or contracts of employment. The complex rules of copyright contract law require an intensive knowledge of the law, which has recently changed again and again. We accompany contract negotiations both nationally and across borders.
Measured in terms of its practical importance, copyright law today is one of the most important components of media law, which in turn is characterised by the protection of the right of personality. In the past, it was the magazine against which celebrities successfully defended themselves because of a fictitious interview. Today, it is the untruthful rating on Google, cyberbullying or defamatory advertising that requires quick intervention to avert harm. Especially in media law, the procedural legal institution of the preliminary injunction is of paramount importance, i.e. the prompt obtaining of a prohibition order against the infringer.
