In Germany, copyright law protects creative work in the form of literary, scientific and artistic works. In contrast to industrial property rights, protection is automatic and arises from the creation of the work, without the need for formal registration. The German Copyright Act (Urheberrechtsgesetz, UrhG) is the decisive factor here, regulating both the scope of protection and the conditions for claiming it.

Protected works and protection requirements

In principle, copyright law covers all forms of expression that represent a personal intellectual creation. These include, among other things:

• Literary works: novels, poems, articles or scientific writings
• Musical works: compositions and scores
• Fine arts: photographs, paintings, sculptures
• Cinematic works and audiovisual media
• Software

The decisive factor for copyright protection is always the individual design and the creative contribution of the creator. A certain originality and personal signature must be recognizable for protection to take effect.

Rights of the author

Copyright law grants its owners a comprehensive set of rights that can be divided into two main areas:

Economic rights:
These enable the author to exploit the use of the work economically. These include, in particular, the right of reproduction, the right of distribution and the right of communication to the public. Through these rights, the author controls the extent to which and the conditions under which third parties may use his work.

Personal rights:
Independently of the economic aspects, the author also has moral rights. These include, among other things, the right to be recognized as the author and to protect the work from distorting changes that could impair personal expression.

The combination of these rights ensures both the economic benefit and the personal claim of the creator to his work.

Enforcement and protection of copyright

Authors have various legal instruments at their disposal to ensure protection of their copyrighted works. In the event of infringement, for example through unauthorized reproduction or distribution, they can claim injunctive relief, damages and, if applicable, criminal prosecution. Timely assertion of their rights is of central importance in this regard.

The constant development of digital technologies presents copyright law with new challenges. In particular, digital exploitation and protection on the internet must be continuously adapted to new circumstances. International cooperation also plays an important role here, since copyright infringements often take place across borders.

In the course of digitization and the increasing use of online platforms, copyright law is constantly being adapted to modern requirements. Legislative initiatives and court decisions help to ensure that creative achievements continue to be protected in the digital world. In doing so, we always try to find a balance between the legitimate interests of the author and the rights of use of the general public.

Our expertise in copyright law

Our law firm focuses on German and international copyright law in all its facets. We represent both creators and exploiters of copyrighted works in the fields of literature, science and art and software companies. We support our clients in all phases of their creative work – from securing ideas by means of confidentiality agreements and deposits to the design and implementation of complex production, distribution and license agreements.

Thanks to our many years of practical experience and the specialization of our attorneys in copyright law, our particular strengths include defending against unjustified third-party claims and enforcing your rights in court. This includes both proactively defending against claims and issuing cease-and-desist letters and conducting legal proceedings – whether in the context of preliminary injunctions or in main proceedings.