Copyright infringement is a serious legal issue that can have significant consequences for individuals and businesses. In Germany, copyright infringement claims are governed by the Copyright Act, which outlines the legal framework for protecting and enforcing copyright ownership.
At Schlun & Elseven Rechtsanwälte, our copyright lawyers advise private and business clients on copyright infringement matters in Germany. Receive leading advice as a claimant or as someone who has been accused of copyright infringement. By working with our professionals, you can be assured that you will have our full-service legal support.
If you require our expert legal counsel, please do not hesitate to contact our office directly.
Copyright Infringement under German Law
Copyright infringement involves using the author’s work without their permission. Those who create creative works are the ones who should benefit from them, and the aim of copyright infringement law is to protect the creator’s rights to their work and provide them with financial remuneration for their work.
The German Copyright Act (UrhG) provides specific rights regarding copyright infringement:
- Reproduction right (§ 16 UrhG),
- Right of distribution (§ 17 UrhG),
- Exhibition right (§ 18 UrhG),
- Right of performance, presentation and exhibition (§ 19 UrhG),
- Right to make available to the public (§ 19a UrhG),
- Broadcasting right (§ 20 UrhG),
- Right of reproduction by means of audio or video carriers (§ 21 UrhG),
- Right of communication by radio broadcasting and making available to the public (§ 22 UrhG).
Under German law, such copyright infringements can be deemed to be criminal acts, which are punishable by fines or up to three years imprisonment.
It should be noted that committing copyright infringement on a commercial basis can lead to a prison sentence of up to five years. It should also be considered that attempting to infringe copyright can also be punishable.
It should also be considered that German copyright law differs to that of other jurisdictions, as in Germany, copyrights are also considered to be moral rights of the creator. Such rights cannot be transferred or waived.
Our lawyers advise clients regarding their options in copyright infringement cases. Working with you, our team draws up cease-and-desist letters, provides official warnings and represents clients in court, if the case goes that far.
Our team also assists authors and creators to protect their copyrights and trademarks. We work with clients in all industries and ensure that they are aware of the copyright requirements to different creations, including software, illustrations of a scientific or technical nature and music and film.