Copyright Law Berlin | Attorney for Copyright Protection

Services at a Glance

checkEnforcement of copyright

checkDefence against cease-and-desist letters

checkPhotography law and image use

checkCopyright contract law and licences

Enforcement of Copyright

When copyright is infringed, claims arise for injunctive relief, damages and disclosure. These are enforced from the cease-and-desist letter through interim injunctions to court proceedings.

Damages are calculated based on lost profits, the infringer's profits or licence analogy – i.e. the amount that would have been payable had a proper licence been obtained. Which calculation yields the highest claim is assessed in advance.

Common scenarios:

Copying of texts on websites, in newsletters or social media posts.
Using third-party photographs without a licence or without attribution.
Using music in commercial social media posts (Instagram, TikTok) without a licence.

Photography Law

Anyone who uses a third-party photograph on a website, in a blog or on social networks without the necessary licence risks a cease-and-desist letter. Both sides are represented: the enforcement of photographic rights as well as the defence against excessive claims.

Free images are not automatically free to use

Images from platforms such as Pixabay, Unsplash or Pexels are subject to different licence terms – some requiring attribution, some restricting commercial use. AI-generated images also follow their own conditions depending on the platform.

Obligation to credit the author

Even with properly licenced photographs the author must generally be credited (§ 13 UrhG). If the attribution is missing or incomplete, an independent copyright infringement arises and creates its own warning risk.

Copyright Contract Law and Licences

Because copyright itself is not transferable, the commercial exploitation of a work runs through the granting of rights of use. Licence agreements are drafted and reviewed for all categories of works:

Exclusive and non-exclusive licences: depending on the exploitation strategy, sole or parallel rights of use.
Territorial, temporal and substantive restrictions: for example online use only, a specific language or a defined purpose.
Sublicensing and transfer: whether and under what conditions rights may be passed on.
Remuneration models: one-off fee, ongoing royalties, revenue-based participation or combinations.

A carefully drafted agreement protects both sides: the author against uncontrolled use, the licensee against subsequent claims.

Have a question? Get in touch – no obligation.

Frequently Asked Questions

Does copyright arise automatically? expand_more

Yes. Copyright arises in Germany at the moment the work is created – without registration, without application, without formalities. A photograph is protected as soon as the shutter is pressed; a text as soon as it is written down. The only prerequisite is that the work displays a sufficient level of originality – an individual creative character. The widespread misconception that one must add a © symbol or register the work somewhere is incorrect. The © is a signal to third parties, but not a requirement for protection to arise.

What should I do if someone steals my photo? expand_more

If you discover that one of your photographs is being used without your permission on a third-party website, on social networks or in print media, first preserve the evidence: screenshots with the URL and date clearly visible. We then recommend seeking legal advice immediately. Metzler Legal reviews the matter and sends a cease-and-desist letter to the infringer. Depending on the case, damages claims calculated by licence analogy may apply – for professional photographs these can amount to several hundred or even thousands of euros per image.

How long does copyright last? expand_more

Copyright in Germany expires 70 years after the death of the author (§ 64 UrhG). After that the work enters the public domain and can be used by anyone without a licence. For works with multiple authors the period begins with the death of the last surviving co-author. Simple photographic images (without sufficient originality) are subject to a shorter protection period of 50 years from the date of publication (§ 72 UrhG).

Can I protect AI-generated content with copyright? expand_more

Fully AI-generated works – those in which no human creative contribution is present – are generally not protectable under copyright in Germany according to prevailing opinion. The UrhG requires a personal intellectual creation by a human. The situation is different where a person actively directs the AI, creatively formulates prompts, selects and edits results: in such cases a copyright-relevant contribution may exist. The law in this area is evolving rapidly – we recommend regulating AI-generated content contractually and observing the terms of service of AI platforms.

What does a copyright cease-and-desist letter cost? expand_more

The costs depend on the value in dispute, which is determined by the nature and severity of the infringement. For unauthorised use of a photograph on a private website, values in dispute typically range between €1,000 and €6,000 – placing the opposing party's legal costs at €150 to €500. For commercial websites or serious infringements the values in dispute can be considerably higher. We review incoming warnings for their justification and proportionality – many claims are inflated or formally defective and can be reduced or repelled.

Copyright Law