Author Thomas Brussig will receive additional compensation for his work on the Udo Lindenberg musical “Hinterm Horizont.” However, instead of the approximately five million euros awarded by the Regional Court, the Hamburg Higher Regional Court’s ruling reduces the amount to only about 730,000 euros. The case illustrates when creative professionals can later demand more money despite having agreed to a fixed fee.

From a Flat Fee to a Million-Dollar Dispute

The musical “Hinterm Horizont” was performed in Berlin and Hamburg between 2011 and 2017. According to published figures, the producer generated more than 100 million euros in revenue from the production. Thomas Brussig was involved in writing the libretto—that is, the text on which the musical is based. He had originally received 100,000 euros for his work.

In light of the musical’s great commercial success, Brussig demanded a further share of the proceeds. The Hamburg Regional Court initially ruled largely in his favor and awarded him approximately five million euros in back payments (Hamburg Regional Court, judgment of October 23, 2024, Case No.: 310 O 100/14). The legal dispute had already begun in 2014 with a so-called staged lawsuit. Brussig first sought information regarding the musical’s revenue before he could specify the exact amount of his claim for payment.

What does “equity adjustment” mean in copyright law?

The legal basis is Section 32a of the Copyright Act. This provision protects authors if it later becomes apparent that their agreed-upon compensation is conspicuously disproportionate to the revenues and benefits derived from the use of their work. Put simply: If a work becomes an extraordinary commercial success, its author should also receive an appropriate share of the proceeds.

However, such a claim does not arise automatically simply because a work generates high sales. Decisive factors include, among others, the specific creative contribution, the originally agreed-upon compensation, and the economic significance of that contribution to the work as a whole. In the case of a musical, factors such as the music, the staging, the marketing, and the popularity of the participating artists can all contribute to its success, in addition to the libretto.

Hamburg Higher Regional Court Significantly Reduces the Retroactive Payment

The Hanseatic Higher Regional Court (OLG) confirmed that Brussig is, in principle, entitled to claim back pay. However, it considered the Regional Court’s calculation to be too high and reduced the amount to approximately 730,000 euros (Hamburg Higher Regional Court, judgment of July 2, 2026, Case No.: 5 U 105/24).

In the opinion of the Higher Regional Court, the gross revenue of the rights holder is generally the decisive factor, not its profit. Nevertheless, in this specific case, the musical’s total revenue could not be included in the calculation. Otherwise, large, privately operated musical theaters would be disproportionately disadvantaged compared to smaller and often publicly subsidized theaters. The court therefore used only 40 percent of the revenue as the basis for its calculation.

Why the Ruling Is Important for Creatives and Businesses

The ruling strengthens the position of creators because it confirms that even after payment of a lump-sum fee, there may still be a claim to additional compensation in the event of exceptional success. At the same time, the ruling makes it clear that there is no rigid formula for calculation. The appropriate share of proceeds must be determined on a case-by-case basis for each work and each business model.

For authors, composers, and other creative professionals, it is therefore important to carefully document contracts, their own contributions to works, and available usage statistics. Producers and event organizers should take potential claims for additional compensation into account when drafting contracts and during subsequent settlements. You can find more articles on the rights of creative professionals in our Copyright section.

A success with a significant caveat

Thomas Brussig will receive significantly less than the five million euros initially awarded. However, his claim to equitable compensation remains valid. The ruling thus highlights both sides of copyright law: Creators should share in the extraordinary success of their works, but the amount of compensation must take into account the actual circumstances of each individual case. The Higher Regional Court did not grant leave to appeal. According to media reports, Stage Entertainment is considering filing a complaint against the denial of leave to appeal with the Federal Court of Justice.