Copyright
Lawyers
in Germany

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.

Creators, publishers and owners often require legal representation to protect their material. Now that we know what can be considered protected material it is important to know what steps are required to secure it. Claims for injunctions and damages are of particular importance in this context. The creator can rely on many methods to assert their rights, which range from a warning made out of court to proceedings in the form of an application for an injunction or a substantive hearing. Our lawyers will be by your side both in- and out of court. We will analyse your case and work together to ensure you receive comprehensive legal counsel.

When  copyright litigation becomes a business reality, secure your work with us. At Schlun & Elseven, we have a dedicated intellectual property team who work with corporate clients of various sizes in order to protect their copyright. Where possible, and where our client deems it appropriate, we will seek an out of court resolution to cases. Out of court solutions tend to be time efficient as well as cost-saving. However, out of court solutions are not always possible. In such instances our copyright lawyers will be by your side and providing expert representation before the courts.

Our lawyers also work with firms who have been accused of copyright breaches. It is not unusual for copyright claims to be unjustified, either in substance or as regards the amount of the damages sought. Our lawyers have represented both sides of the conflict, meaning that we can advise you competently on potentially unjustified or exaggerated claims and copyright warnings. Contact us today for more specialised advice.