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Publishing, authors & press
Structure publishing agreements, royalties and secondary exploitation across print, audio and digital formats.
German copyright law and relevant European rules. The appropriate solution depends on the facts, agreements and intended use.
Legal framework
Print, e-books, audiobooks, translations and adaptations should be addressed distinctly. Authors, editors, translators, illustrators and photographers can each hold separate rights. Publishing agreements should link manuscript delivery, editorial changes, approval and publication obligations.
Practical guidance
Royalty provisions need clear calculation bases and reporting arrangements. Net receipts, retail price and actual revenue are not interchangeable. Define advances, deductions and ancillary rights. Statutory remuneration, transparency and revocation rules may affect contractual arrangements. A publication’s continuing technical availability does not settle every question about adequate exploitation.
For journalistic contributions, section 38 of the German Copyright Act may be relevant, depending on the publication and agreement. Reusing material in a corporate newsletter, press review or portal is a separate question. Open online access is not a general republication licence. Photographs and third-party graphics within an article may carry separate restrictions.
Practical examples
These fictional examples illustrate common issues; they are not accounts of particular client matters.
Example 1
Textbook becomes an online course
A publisher plans a paid course based on printed chapters. Check the granted uses and adaptation rights, as well as any new voice, image and presentation material.
Example 2
Journalist’s portfolio
A freelance journalist wants to republish an article. Review the agreement and applicable statutory rules. Permission to reuse the text does not necessarily extend to the publisher’s layout or third-party images.
Example 3
Rights reversion dispute
An author seeks rights back while the publisher retains only a digital edition. Examine exploitation obligations, actual availability, sales records and the requirements of any statutory or contractual remedy.
Frequently asked questions
Can a publisher make any editorial change?
No blanket rule applies. The agreement, statutory limits and possible interference with the author’s interests must be considered.
Is an intranet press review automatically lawful?
No. Restricted access alone does not provide permission. Content, users, technical implementation and licensing or a statutory basis must be checked.
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 · Databases & scientific works · Remuneration & collecting societies
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).