Copyright law in Germany

Who is the author of a creation? This is a frequently asked question, as there is no public register under German copyright law which would show the authorship of a particular creation. The constant development of digital technologies, software, social media or the area of e-commerce with its steadily increasing sales figures present authors and users with new challenges. Therefore, the question regarding the author of a creation often not only relates to copyright law but also to one of the various legal fields which concern the type of creation: e.g. music law, film law, publishing law or press law. To verify copyright owners, diligent research and care as well as an eye for the connections between copyright law and related areas of law are therefore always vital.

Legal advice on copyright law

We provide comprehensive advice in this area of law regarding the use of third-party creations and check existing copyrights and licenses for you in order to protect you from accidentally incurring a liability to pay damages to the author of a creation. Should you already have infringed a copyright, we will support you in your defence against such allegations and/or in achieving an amicable settlement. If a third party has infringed your copyrights, we will enforce your claims against the infringer in and/or out of court in a cost-effective manner.

Furthermore, we will negotiate and draft licence agreements for you which allow you to grant rights of use in your creation to a third party, for example to commercialise your creation, or to be granted such rights of use by a third party.

Main areas of advice in copyright law

Copyright compliance
Granting of licences
Copyright enforcement procedures in and out of court
Licence agreement enforcement procedures in and out of court
IP Due Diligence
E-commerce and system responsibility
Telecommunications
Software

Contact us

Dr. Tobias Maier, Partner

Rechtsanwalt, Head of Commercial (Germany), Co-Head of International Health and Life Sciences
+49 89 54565 262
E-mail Dr. Tobias Maier

Dr. Alexander Niethammer, LL.M. (UConn), Managing Partner

Rechtsanwalt, Attorney-at-Law (New York), Managing Partner Germany
+49 89 54565 318
E-mail Dr. Alexander Niethammer, LL.M. (UConn)

Axel Zimmermann, Partner

Rechtsanwalt
+49 89 54565 223
E-mail Axel Zimmermann

Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB is a partnership with limited professional liability (Partnerschaftsgesellschaft mit beschränkter Berufshaftung) under German law, with its registered seat in Munich, registered with the partnership register of the Munich District Court under PR 1947 and having its business address at Brienner Straße 12, 80333 München, Germany. Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB is part of a global legal practice consisting of separate and distinct legal entities that operate under the name Eversheds Sutherland and provide legal or other services to clients around the world. Each Eversheds Sutherland entity is a separate legal entity and is not responsible for the acts or omissions of, nor can bind or obligate, another Eversheds Sutherland entity. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.