Carina Tolle-Lehmann
Lawyer, Specialist lawyer in copyright and media law
A circle for a face, two smaller ones for ears, a perky nose and a cheeky grin - since 1928 most children know who this is: the most famous mouse in the world and "subject" of one of the most important copyrights in the world.
Anyone can be an originator of a work if they are a natural person and bring into being a new, creative and, above all, very personal (and their own!) idea that can be tangible to others. It does not have to be the mouse of the century. But a work must be original and created independently.
So when an idea grows out of imagination and creativity and is expressed on paper by its author, made audible, made accessible to others in a physical form - that is precisely when a work is created.
Composers, writers, authors, designers, painters, sculptors, directors, inventors, programmers - all of them and many others can be authors of a work. And they alone have the right to decide on the use and licensing of their work.
With our specialist lawyers in copyright and media law, we assist you, among other things, in drafting and concluding user and/or licence agreements or also in defending and enforcing your copyright, for example, by sending a copyright infringement warning notice and initiating preliminary injunction proceedings or filing an action for an injunction and subsequent representation.
Because imagine you had created something - written a book, composed a piece of music, invented something or written a computer program - and someone else makes all or part of it their own. Copyright prevents this from happening.
Even though we value and, of course, comply with copyright legislation, we can also represent our clients on the defence side in a professional manner due to our many years of experience and review on your behalf the admissibility of a copyright infringement warning notice (keyword: file sharing) and the need to issue a cease-and-desist declaration and its contents and the amount of the asserted costs etc.
Because here, too, rules and boundaries must be observed and the copyright must not be unduly burdened. We therefore recommend to our clients at this point: never sign a cease-and-desist declaration or other declaration of intent without first having it reviewed by a lawyer. It can become (very) expensive for you.