Copyright

Copyright for creatives and companies throughout Germany.

Anyone can be the so-called creator of a work if they are a natural person and give a new, creative and, above all, entirely personal (and their own!) idea a form that others can perceive. So when an idea arises from imagination and creativity, and its creator puts it on paper, makes it heard or makes it perceptible and accessible to others, that is exactly when a so-called work comes into being.

Composers, writers, authors, designers, painters, sculptors, directors, inventors, programmers: all of them and more can be the author of a work. And they alone have the right to decide on the use and exploitation of their work.

With our specialist lawyers for copyright and media law, we support you with, among other things, drafting and concluding licence and/or exploitation agreements, and with defending and enforcing your copyright, for example by sending a copyright warning letter and initiating preliminary injunction proceedings, or by filing an action for an injunction and representing you thereafter.

Just imagine you had created something (written a book, composed a piece of music, invented something or written a computer program) and someone else were to claim it as their own, in whole or in part. Thanks to copyright, this is not readily possible.

While we value copyright and of course respect (and observe) it, our many years of experience also enable us to represent our clients competently on the defending side: we review whether a copyright warning letter is admissible, whether a cease-and-desist declaration needs to be given and what it should contain, the amount of the costs claimed, etc.

After all, here too there are rules and limits to be observed, and copyright must not be stretched too far. Our advice to clients at this point is therefore: never sign a cease-and-desist declaration or any other declaration of intent without having it reviewed by a lawyer first. It could cost you dearly.

What we do for you

With our specialist lawyers for copyright and media law, we support you with, among other things,

drafting and concluding licence and/or exploitation agreements
defending and enforcing your copyright, for example by sending a copyright warning letter
initiating preliminary injunction proceedings or filing an action for an injunction, and representing you thereafter
reviewing whether a copyright warning letter is admissible
reviewing whether a cease-and-desist declaration needs to be given and what it should contain
reviewing the amount of the costs claimed
using third-party content such as music, images and texts in advertising and social media

Contacts

The experts to match.

Dr. Hermann Lindhorst

Partner, Rechtsanwalt, Fachanwalt für IT-, Urheber- und Medienrecht, Fachanwalt für Sportrecht

+49 40 697989-165

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Carina Tolle-Lehmann LL.M.

Partnerin, Rechtsanwältin, Fachanwältin für Urheber- und Medienrecht

+49 40 697989-135

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Frequently asked questions about copyright

Answers to the questions our clients ask us most often about copyright.

I have received a warning letter. Should I sign the cease-and-desist declaration?

Not without having it reviewed. Our advice to clients at this point is: never sign a cease-and-desist declaration or any other declaration of intent without having it reviewed by a lawyer first. We review whether the warning letter is admissible, whether a cease-and-desist declaration needs to be given and what it should contain, and the amount of the costs claimed.

Who owns the rights to commissioned work?

The creator of a work is always the natural person who created it. They alone have the right to decide on the use and exploitation of their work. However, a party who commissions and pays for a work does not automatically acquire all rights to use it. What matters is which rights of use were granted to them by contract and to what extent they may be used. We will be happy to help you draft the corresponding licence agreements.

What can I do if someone takes over my work?

If someone claims your work as their own, in whole or in part, copyright ensures that this is not readily possible. We defend and enforce your copyright, for example by sending a copyright warning letter, initiating preliminary injunction proceedings or filing an action for an injunction, and representing you thereafter.

May we use third-party music and images in advertising and social media?

That depends on the rights of use you hold. We review your licences and advise you before you use third-party content in advertising and social media.