"So what?" many people are probably asking themselves now. It is now widely known that the internet is full of copyrighted material. In legal practice, we no longer encounter the mindset that music, films, images, maps, or texts that can be accessed free of charge somewhere are freely available for use. Nevertheless, copyright is not always respected.
Copyright law applies to the work itself, and this means not only Picasso's artwork, but also a wide range of forms of expression involving text, images, and sound. Virtually every piece of music, every film (excerpt), every photo, and also a great many texts are protected by copyright. In Germany, there is no need to mark works with the famous © symbol or to register them—in fact, it is not even necessary to name the author, writer, or photographer. Copyright arises simply through the creation of the work.
The author determines what happens to their work, whether and how it is shown, distributed, or copied. They can transfer most rights to other people. If something happens without their consent or the consent of a person whom the author has authorized to exercise the rights, effective means of legal action are available. In most cases, injunctive relief, information, damages, destruction, and reimbursement of legal fees can be demanded.
Since it is rare for an author to expressly stipulate that their work may be freely used by anyone, one must always assume that copyrights are affected when using and distributing texts, images, and sounds. Some authors do not make their consent dependent on money, but only on certain conditions. Open source software is often released by the author on the condition that any derivative developments must also be open source. Although most open source software can be used free of charge, such conditions must still be observed.
It is extremely important to understand the distribution of the burden of proof. Anyone who uses, distributes, or similar a protected work must prove in the event of a dispute that this was done with the consent of the author. Anyone who cannot prove this should get to work themselves and create something new.
The mass phenomenon of copyright infringements on the internet can be observed in the commercial sector in the procurement and use of images and in the private sector in the exchange of music and films. Whereas in the past , so-called file-sharing software such as Bittorrent was mostly used , websites with integrated technologies now make it easier for users. Everyone should be warned against using this method to obtain the latest charts, that great old album that is sold out everywhere else, a computer game, or any kind of film. The copyright holders are relentless in pursuing their rights, trawling the sources themselves and storing the IP addresses of users along with details of the work. In the past, criminal proceedings even had to be initiated to find out which (DSL) connection owner was assigned this IP address at the time in question. Today, this is done through court orders, which usually oblige providers to disclose the names of connection owners within 1-3 days. Unfortunately, the courts usually do not put much effort into reviewing these cases and simply wave the applications through. Such a decision therefore has virtually no significance, even if it is often included with the subsequent warnings against the connection owner.
In practice, however, it is often not the connection owners themselves, but rather their children who have been sharing files. Unfortunately, the courts are very strict in such cases. The connection owner is liable as a so-called "disturber" if they have not taken sufficient security measures to prevent copyright infringements. For courts, an internet connection is inherently dangerous – much like candles on a Christmas tree. Anyone who has not placed a fire extinguisher directly next to the tree (metaphorically speaking: when establishing the connection) is liable for the damage, even if they were not there when the candles were lit. Restricted user accounts, port blocking, copyright instructions signed by children – judges have already demanded a lot from connection owners in terms of security measures in relevant rulings.
Another classic example is the use of maps as directions and similar information on one's own website. The creators of such map material pursued their rights even before the music and film industries and are still active today. The smart website operator will therefore incorporate maps from OpenStreetMap into their website and, of course, ensure that the map data is only delivered via their web server. Here and with other solutions, you naturally have to deal with terms of use – by the way, here's a little tip: if you have to accept terms of use, there is always a good chance that you are using a legal service!
Finally, a few words about photos. Photos are also subject to copyright, even if they are just a portrait in front of a nondescript wall or even just a plate of lasagna. It is usually sufficient that the photographer has chosen the angle of the shot or similar. Therefore, it is almost always a copyright infringement if, for example, photos taken by a friend and posted by them on Facebook are simply copied to your own profile on TikTok.
There are large photo databases on the internet that sell rights to photos. One example is photos that you want to use to decorate your own website. Don't be fooled by a frequently used term: when "royalty-free" photos are offered, this does not mean that the images can be used free of charge for all purposes. In these databases, "royalty-free" only means that a one-time license fee covers an often unlimited number of individual uses. The opposite are images that require a license, where, for example, you purchase the right to use the image in a print run of 10,000 copies for a specific flyer. These are therefore just different remuneration models. However, a license fee must also be paid for "royalty-free" images.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.