English home / Copyright protection & rights clearance
Copyright protection & rights clearance
Identify protected works, document authorship and check the chain of rights before publication.
German copyright law and relevant European rules. The appropriate solution depends on the facts, agreements and intended use.
Legal framework
German copyright generally arises when a qualifying personal intellectual creation is made; registration is not normally required. Ideas, styles and effort alone are not protected in the same way as the expression of a work. Text, music, photography, film, architecture, technical drawings and software may involve different rules. Related rights, including protection for photographs and recordings, must also be considered.
Practical guidance
Payment for a commission, possession of a file and permission to exploit the work are separate matters. A company should identify each contributor and the rights granted by employees, freelancers and agencies. The special rule for employee software in section 69b of the German Copyright Act must not be applied indiscriminately to every type of work.
For a relaunch or acquisition, prepare a rights schedule identifying the work, creator, agreement, permitted uses and outstanding permissions. Keep drafts, version histories and correspondence. A timestamp may support a chain of evidence but does not, by itself, establish authorship.
Practical examples
These fictional examples illustrate common issues; they are not accounts of particular client matters.
Example 1
Changing agencies
A company wants its new agency to reuse website text and design. Check the original agreement, permission to modify the material and third-party fonts or images. Obtain any missing rights before publishing the relaunch.
Example 2
Former employee’s presentation
A sales presentation is to be used internationally after its author leaves. Employment duties and contractual purpose may support use, but do not automatically cover every later exploitation. Third-party content needs a separate check.
Example 3
Joint training manual
Two contributors create a manual and one wants to license it alone. Whether their contributions can be exploited separately and what they agreed will determine the next steps. Preserve drafts and the allocation of responsibilities.
Frequently asked questions
Does a copyright notice create protection?
No. Protection depends on the legal requirements. A notice may help identify the rights holder but does not replace evidence or create rights in unprotected material.
Does buying a file include every right?
No. The permitted use depends on the agreement and applicable law, not merely delivery or payment.
Preparing for advice
01 · Your objective
Explain the intended use or dispute, the parties, countries and any deadlines.
02 · Your documents
Gather agreements, licence terms, drafts, evidence of use and relevant correspondence.
03 · Next steps
We agree the scope and fees, then assess the permissions, contractual changes or proceedings required.
Related topics
Copyright licences & exploitation rights · Design, art & architecture · Copyright infringement & cease-and-desist demands
Advice from German specialist lawyers
Michael Horak and Julia Ziegeler are German-certified specialist lawyers in copyright and media law. Hanover is our headquarters. We advise at our offices and by video conference. Meet the team · Contact us in English.
Legal reference: German Copyright Act (official German text).