Copyright Infringement in Germany

A copyright infringement assessment should start with the protected subject matter, authorship or rights ownership, the rights granted and the exact use made by the other party.

Back to Copyright Law.

Is the material protected?

Texts, photographs, graphics, music, films, designs, technical drawings and software can fall within German copyright protection, subject to the applicable legal requirements. Photographs can also benefit from related protection.

Who owns the relevant rights?

Commissioning a work does not automatically transfer every right of use. Contracts, licence terms, employment arrangements and agency chains should be reviewed to identify who may authorise or challenge the specific use.

Claims and defence

Depending on the case, claims may include removal, injunctive relief, information and damages. A recipient may have defences based on licence scope, lack of protection, ownership or other statutory permissions.

Preparing a copyright-law review

Useful material can include the original work or source files, publication dates, licence and commissioning agreements, invoices, correspondence and screenshots showing the disputed use. Where online content is involved, preserving URLs, dates and the surrounding page context can be important. A clear rights chain helps distinguish authorship from contractual rights of use.

Copyright protection and infringement must be assessed for the specific work, rights chain and use.