Copyright

Whether it’s photos, text, music, company products, or business documents—copyright protection can arise very early on. No registration or filing is required. Every copyright holder can take immediate action against unauthorized use. At the same time, for this very reason, anyone who uses a work runs a high risk of receiving a copyright cease-and-desist letter. But it doesn’t have to come to that!

Avoid infringements

Handling copyright rights in a legally compliant manner requires a clear strategy and, particularly in the field of new media, a solid understanding of technical processes as well. Our attorneys possess the necessary legal and technical expertise in copyright law and related fields, such as intellectual property law.

If you receive a cease-and-desist letter, you need to act quickly! We will represent your rights both in and out of court.

Copyright: securing your rights

A work of art doesn’t just come together on its own. Have you invested not only time and effort but also money? Or do you even make a living from your art? Plagiarism and unauthorized use aren’t just annoying—they can also cause real harm.

Protect yourself and assert your rights, including your copyright. It may also be advisable to deposit your works in a way that preserves evidence. This makes it much easier to take action against unauthorized copying and use. Contact us—we’re here for you!

License terms and contracts

If you’d like to share or sell your works, we’d be happy to help you draft and review the relevant licensing agreements. As is so often the case, the devil is in the details. Therefore, you should never blindly adopt boilerplate language or third-party contracts. Only in the rarest of cases will these fit your specific situation. We’ll discuss your wishes with you and draft contracts that meet your specific needs.

Photo right

A major area of copyright law is photography law. Drawing on their practical experience and as founders of the well-known online magazine www.rechtambild.de as well as the “Photography Law Driver’s License,” our attorneys Tölle and Wagenknecht possess outstanding expertise in the field of photography law, particularly in the enforcement of licensing claims or the defense against cease-and-desist letters.

Our law firm is located at Kaiserstrasse 1a in Bonn. From here, we represent photographers, agencies, publishers, and companies throughout Germany, both in enforcing their rights and in defending against unjustified claims. We’ll schedule an initial consultation in Bonn or via video conference, whichever is most convenient for you.

Here's how we can help you specifically

For the issues we most frequently encounter, we have dedicated pages with specific recommendations for action:

Received a File-Sharing Cease-and-Desist Letter: Who is issuing warnings in 2026, how the secondary burden of proof works, and why two different statutes of limitations apply to older cases.
Have an authorization request or cease-and-desist letter reviewed: Free initial assessment of letters regarding music in Reels and TikTok videos, photos on websites, or file sharing.
Music in Reels and TikToks: What’s behind the letters from SoundGuardian GmbH and what matters most in the rights chain.
Cease-and-Desist Letter in Photography Law: When a photo agency or its service provider asserts claims regarding a photograph.

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Frequently Asked Questions About Copyright Law

When is a work protected by copyright?

Protection arises the moment a personal intellectual creation is produced, § 2(2) UrhG. No application, registration, or copyright notice is required for this. The key factor is that the design demonstrates a degree of creative freedom; purely technical or craft-based results are excluded. In the case of photographs, the ancillary copyright protection for photographic images, Section 72 of the German Copyright Act (UrhG), also applies, meaning that even simple photographs are protected.

How long does copyright protection last?

Copyright expires seventy years after the author’s death, § 64 UrhG. In the case of multiple co-authors, the death of the last surviving author is what counts, § 65 UrhG. For photographs that do not qualify as works of art, a shorter term of fifty years from the date of publication applies, § 72(3) UrhG. Once this term has expired, the work may be used freely; however, the personality rights of the persons depicted and any rights to adaptations thereof remain unaffected.

I received a warning letter regarding a photo. What should I do now?

The deadline set is usually short, which is why you should take it seriously, even if you consider the allegation to be unfounded. The attached cease-and-desist declaration is often broader in scope than the allegation and is permanently binding—including a contractual penalty—so you should not sign it without reviewing it first. It is advisable to first verify the validity of the claim, the chain of title, and the amount of the claim, and to request an extension of the deadline if necessary.

How much does it cost to use a photo without permission?

Damages are usually calculated based on the “license analogy,” Section 97(2) of the German Copyright Act (UrhG): The standard is what reasonable contracting parties would have agreed upon for the specific use. The image fee tables published by the Mittelstandsgemeinschaft Foto-Marketing serve as a guideline in this regard, but are interpreted differently by the courts. If the author’s name is not credited, a surcharge may be applied because the right to be credited has also been infringed, § 13 UrhG.

May I use third-party content if I cite the source?

Citing the source does not replace permission. Without the right to use the material, its use constitutes an infringement, even if the author and source are cited. Legal exceptions are limited in scope: The right to quote requires that you engage with the content of the quote and that it serves the purpose of your own text, § 51 UrhG. An image used merely as an illustration is therefore not a quote.

Who owns the rights to the work produced by employees and independent contractors?

The author is always the person who created the work; only rights of use may be transferred. In the case of employees, § 43 of the German Copyright Act (UrhG) grants the employer the rights to the extent that this arises from the employment relationship, which in practice regularly leads to disputes regarding the scope of those rights. In the case of independent contractors, absent an express provision, only the purpose of the contract applies (Section 31(5) of the German Copyright Act (UrhG)), so it is advisable to set forth the grant of rights in writing.