At Schlun & Elseven Rechtsanwälte, we work closely with our clients to ensure that they have this peace of mind. Our lawyers are experienced in the field and knowledgeable in the requirements for copyright law. We have worked with a diverse range of clients from across many industries. Due to our international outlook, we also work with clients worldwide in their dealings with German copyright law.
Working directly with experienced copyright lawyers is the best approach should you be involved in a legal dispute. Contact us via the contact form below this article or by phone/email. Once we have the case facts, we can start formulating the best course of action.
Expertise in Copyright Law
At Schlun & Elseven Rechtsanwälte, our copyright lawyers enforce copyrights on software, product appearances and databases, and have developed particularly effective anti-piracy strategies. We have obtained numerous pre-judgment seizure orders against pirates of computer software, high-technology products, luxury goods, and celebrity merchandise.
However, we also represent consumers and businesses who have received warning letters. Warning letters can be contested. It is not unusual for them to be sent out without full justification. Our copyright lawyers will analyse the issues involved closely and will advise you on your best course of action. However, hiring our lawyers should be completed with sufficient time to make a difference. Copyright warnings, if not appropriately reacted to, can quickly lead to drastic financial consequences. Responding too late to claims can damage your own case.
The “Right of Use” under German Copyright Law
The creator of the piece is granted extensive control over how the work is used and within this they can grant third parties the “right of use” for their work. Under a licence agreement the scope of such rights of use can be decided upon. According to § 31 UrhG the right of use can be granted as “a non-exclusive right or as an exlusive right” and can also be “limited in respect of place, time or content“. The right to transfer the right of use is also provided for under § 34 UrhG but only with the consent of the author.
Therefore, where a person has the “right of use” for another party’s protected creative work they need to examine the limits and permissions granted under the licence agreement. Where a party seeks to create a licence agreement for such a right of use, our copyright lawyers can provide the guidance needed to create a suitable agreement. Should the “rights of use” for your work have been exceeded, and your work used in an inappropriate manner, then you may have a claim for a contractual penalty and / or damages. Alternatively, it may mean that the licence agreement needs to be reworked. In such a situation it is advisable to work closely with our copyright lawyers to find the best solution.
Practice Group: German Intellectual Property Law
Practice Group:
German Intellectual Property Law