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Copyright licences & exploitation rights

Overview · Practical guidance · Examples · Questions · Advice

Draft licences around your project, distribution channels, territory, duration and commercial objectives.

German copyright law and relevant European rules. The appropriate solution depends on the facts, agreements and intended use.

Legal framework

Under German law, copyright itself is generally not transferable during the author’s lifetime. Exploitation rights can be granted on an exclusive or non-exclusive basis and limited by territory, duration or content. A licence should identify the material and the permitted uses rather than relying solely on a general statement such as “all rights”.

Practical guidance

Address modifications, sublicensing, use by group companies, distribution partners and service providers. Exclusivity should match the business need and any retained use by the author. Agreements concerning unknown types of use are subject to special requirements. Mandatory remuneration and transparency rules may apply despite a lump-sum payment.

Agree the fee, reporting periods, calculation of revenue shares and audit arrangements. Allocate responsibility for third-party clearances and claims. At expiry, specify how advertising, stock, downloads, archives and existing sublicences will be handled. An indemnity does not cure a missing permission from the actual rights holder.

Practical examples

These fictional examples illustrate common issues; they are not accounts of particular client matters.

Example 1

Group-wide marketing

A parent company commissions illustrations for use by subsidiaries. Group membership alone does not settle the licence. Define the authorised entities and any permitted onward provision to agencies.

Example 2

Exclusive design with stock assets

A design includes a widely licensed stock element. The agency may be unable to promise exclusivity in that element. The parties may need a new design or a clearly limited rights commitment.

Example 3

Campaign after expiry

Advertisements remain active after the licence ends. Identify all active channels and agree responsibility for taking them down. Removing the image from the main website alone may not address the remaining use.

Frequently asked questions

Can a licence be agreed by email?

Often, but special formal requirements may apply. Clear identification of the rights and reliable evidence of the agreement remain essential.

Does a buy-out remove statutory claims?

Not generally. A broad grant of rights for a lump sum does not automatically exclude mandatory remuneration or information rights.

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.

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).