Media & Freedom of Speech
Lawyers
in Germany

Freedom of speech and freedom of the press are both fundamental parts of a free and democratic legal system, and they play diverse roles in both professional and everyday life. In a world where everybody is entitled to their own opinion, balanced with people’s right to a good name, the boundaries of statements have to be carefully pinpointed and often completely renegotiated. When it comes to the press, the major public opinion-leading instrument, special caution is required. This is why knowing your rights when it comes to press and media law in Germany is of crucial importance.

Like few other areas of law, the fields of press law and freedom of speech are strongly shaped by details and the particularity of cases. When in need for advice, it is therefore vital to consult an experienced professional. Our specialized lawyers advise and represent clients with their extensive expertise and their long-standing practical experience in the media industry. We have represented companies, artists and consumers, along with many other clients. Starting with the settling of legal issues up to the resolution of complex disputes, our lawyers are there for you every step of the way.

While stating one’s opinion and uttering value judgements are protected by the German Constitution, there is no legal justification for false claims and allegations. Should you be subject to defamation, slander or libel or other attacks on your personal honour, injunctive reliefs are available. By consulting with expert legal advisors, you can determine whether solutions, such as claims for retraction, removal, counter-statements, damage compensation, and pecuniary compensation are also available.

However, before entering legal assertion, there are essential preliminary questions that deserve a closer look: It is decisive, for example, whether the claim in question is proven or unproven as it is only possible to take legal action against unproven claims. Moreover, a claim or allegation does not always take the form of a spoken or written word but can also be created through image and video display or incomplete reporting. Our professional opinion provides you with the security you need to take action against a false claim or allegation.

At Schlun & Elseven Rechtsanwälte, we provide specialised legal counsel and industry-specific insights for our clients in the entertainment sector. We support clients involved in film, television, radio, music, gaming, publishing, commercial theatre, multimedia, interactive media and the visual arts. Our legal services include drafting, negotiating and analysing contracts, preparing applications for required licences and official permits, representing clients in disputes relating to hosting live events and more.

The right to protect your image has never been more important. Due to technological developments, there are now countless photos and videos taken every day and the technical possibilities for image and video capture are vast. However, the use and publication of images are subject to various regulations that have to be respected.

Apart from copyright issues, the right to one’s (personal) image is of utmost importance. It states that persons depicted in photographs have the right to decide whether the images can be published and be made accessible to an audience. If the depicted person does not give their approval and the image is used regardless, the person will be able to obtain an injunctive relief and claim damages, either by a written warning or in front of a court.

The law does, however also provide a variety of exemptions, cases in which the approval of a depicted person is dispensable, and no claims can be made, for example, if the publication of the image serves an artistic purpose or if the person depicted can be considered just an accessory.

Protecting intellectual property is vital for the continuing success of a business, as recognisable logos and designs can be crucial in creating connections with customers. Such intellectual property is of particular importance to those in industries that focus on film and television production, print, animation, communications, broadcasting, music and technology. When engaging in creative industries, the dedicated needed to produce quality works need to be protected and eventually rewarded. At Schlun & Elseven Rechtsanwälte, our intellectual property lawyers advise on all matters relating to copyrights, trademarks and patents.

At Schlun & Elseven Rechtsanwälte, we provide full-service legal solutions to employers and employees in the media industry on all German employment and labour law issues. Our lawyers can be relied upon to draft employment contracts, advise clients regarding best practice policies, provide ongoing legal support and expert representation in labour court proceedings. In complex disputes, our lawyers provide mediation advice and arbitration services.

For employees in the media industry, our legal team is ready to analyse your employment contracts, support you in discrimination or sexual harassment cases and represent you in matters of unfair dismissal.