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Copyright Law – Protection of Your Creative Works and Related Rights.
We protect our clients' intellectual property. Copyright law encompasses the intellectual property of holders of neighboring rights, such as broadcasting organizations, performing artists, and producers of sound recordings, films, and databases, as well as, naturally, the intellectual property of the author or creator themselves.
Protected under copyright law is anything that constitutes either the result of intellectual creation – in other words, a creative achievement – or the result of substantial organizational or financial effort. Specifically protected are works of literature, science and art. These include, in particular, texts (e.g., poems, books, speeches, essays, computer programs), works of architecture and applied art, musical compositions, audiobooks, films and television broadcasts, images and photographs, as well as scientific or technical drawings – that is, plans, maps, sketches, charts, and three-dimensional representations. The production of a film or sound recording, in and of itself, is likewise protected.
First and foremost, copyright law safeguards the moral interests of the author. By virtue of their moral rights, an author may, for instance, demand to be credited as the creator of the work whenever it is disseminated in the media. Furthermore, they have the right to prohibit their work from being distorted or otherwise impaired—a provision of particular relevance to architects, for example.
Moreover, the material interests of the author are protected. The economic exploitation of their work is the exclusive prerogative of the author alone. In this context, so-called "neighboring rights" ("Leistungsschutzrechte") also play a significant role; these rights are not directly predicated on a creative act, but rather grant distinct, exclusive rights of exploitation to entities such as broadcasting organizations and producers of films and sound recordings, rights justified by the organizational effort and financial investment entailed in activities such as broadcasting a radio transmission (protecting the broadcaster) or producing a film or sound recording (protecting the film or sound recording producer).
How can we help you with copyright matters?
We advise authors and holders of exclusive rights of use, specifically image agencies, photographers, designers, artists, and other creative professionals as well as holders of related rights (neighboring rights), such as broadcasting organizations and producers of sound recordings and films. In each instance, we provide counsel regarding both contractual matters such as the negotiation of copyright licensing agreements and the protection of their intellectual property. When works you have developed with creativity and passion are copied, the consequences, quite apart from the disrespect and disregard shown for your personal achievement, can include the loss of substantial revenue; after all, why would anyone pay for something they can obtain for free?
We therefore take decisive action against copyright infringements, whether involving the unauthorized exploitation of copyrighted works or the violation of the aforementioned neighboring rights held by broadcasting organizations or by film and sound recording producers. In such cases, we swiftly enforce your claims for injunctive relief through formal warning letters and preliminary injunctions; furthermore, in appropriate instances, we ensure that those responsible face criminal prosecution. This is the only way to ensure the effective and lasting protection of your copyrights.
In addition, if fault can be established, the injured party is entitled to damages. Under copyright law, these damages are typically calculated based on the "license analogy": the claimant receives the remuneration they could have demanded had they actually granted a license for the use of their works in the specific manner in which they were, in fact, used without authorization. Naturally, we also recover these calculated "hypothetical license fees" on behalf of our clients.
Warning notice received due to copyright infringement?
Contact us
We offer initial consultations in copyright matters at affordable and transparent fixed rates, which are credited against our fees should you decide to retain our services further.
Feel free to contact us by sending us an email or calling us at any time. We are looking forward to helping you with any issues relating to copyright law.
Attorney at law Andreas Erlenhardt, LL.M.
Bar-certified specialist attorney for intellectual property
We do business all over Germany. Our Düsseldorf office is located within the district of the Higher Regional Court (Oberlandesgericht) of Düsseldorf, to which the following communities belong: Hilden, Langenfeld, Meerbusch, Neuss, Krefeld, Kaarst, Ratingen, Mönchengladbach, Viersen, Kempen, Wuppertal, Erkrath, Haan, Remscheid, Mettmann, Solingen, Velbert, Oberhausen, Duisburg, Mülheim, Dinslaken and Kleve – we do not have offices in these cities but only in Düsseldorf. We have advised clients who are located in Berlin, Dortmund, Bremen, Köln, Dresden, Bochum, Bonn, Gelsenkirchen, Chemnitz, Kiel, Augsburg, Koblenz, Lübeck, Leverkusen, Oldenburg, Stuttgart, Osnabrück, Paderborn, Würzburg, Ulm, Offenbach, Bottrop, Hannover, Münster, Recklinghausen, Trier, Erlangen, Jena, Reutlingen, Nürnberg, Pforzheim, Göttingen, Heilbronn, Regensburg, Ingolstadt, Darmstadt, Heidelberg, Potsdam, Leipzig, Hamm, Kassel, Saarbrücken, Mainz, Freiburg, Aachen, Braunschweig, Wiesbaden, Karlsruhe, Mannheim, Bielefeld, Essen, Frankfurt and München.
