Since June 7, 2023, stricter regulations in copyright law have been in force, which particularly affect contractual partners of creatives. Anyone who acquires rights of use to works directly from authors is obliged to provide comprehensive information about their use and the resulting income(Section 32d UrhG). What does this mean in detail and how can companies implement these requirements?
Who is affected by the obligation to provide information?
The obligation to provide information applies to all contractual partners who have acquired rights of use to works directly from the author in return for payment. This includes, for example, photographs, texts or designs. It is important to note that this regulation does not apply to works that are obtained via intermediaries such as stock photo providers. The statutory duty to provide information does not apply here.
What information must be provided?
The proactive disclosure obligation requires that the following details be disclosed to authors once a year:
- The extent to which the works were used (period, media, reach),
- What economic returns and benefits have resulted from its use.
This transparency is intended to ensure that authors receive fair remuneration. The reports must be provided proactively – this means that the contractual partner must provide the information independently without the author having to ask for it.
When does the proactive duty to provide information apply?
The regulation applies to both old and new contracts:
- For contracts concluded before June 7, 2021, the first report had to be submitted by June 7, 2023.
- For contracts concluded from June 7, 2021, the annual reporting obligation also applies from June 7, 2023.
This means that the regulation covers all contracts regardless of the date on which they were concluded.
Are there any exceptions?
The obligation to provide information does not apply in certain cases. These include
- Contributions that make up only a minor part of a work or product,
- Situations in which the cost of providing information is disproportionately high,
- Authors of computer programs who are generally not obliged to provide information.
However, these exceptions are narrowly defined and require good justification in order to prevent legal disputes.
Can the obligation to provide information be contractually excluded?
No, the right to information is mandatory by law. Even if something else has been contractually agreed, the obligation to provide information remains in place. The only exception: Collective bargaining agreements or collective agreements between associations of authors and work users may allow for deviations.
What happens in the event of non-compliance?
The consequences of non-compliance are serious. If the proactive duty to provide information is not fulfilled, copyright associations can assert claims for injunctive relief. This means that further use of the works can be prohibited. It becomes particularly risky if a company fails to provide information to several authors. This can quickly lead to a complete loss of usage rights.
What should companies do now?
In order to meet the new requirements, companies should first check whether they are using copyrighted works directly from authors. A regular process for preparing annual reports should then be set up. Possible exceptions should be checked and documented.
Although implementing the obligation to provide information can involve considerable effort, it protects companies from legal conflicts and strengthens trust between creatives and users. Companies that act early not only protect themselves legally, but also benefit from clear and fair agreements in the long term.
