Photos, texts, graphics, music and videos used in advertising are almost always protected by copyright. Using them without sufficient rights leads to warning letters, damages and stopped campaigns.
What is protected?
The German Copyright Act protects personal intellectual creations. Even simple product photos are protected as photographs for 50 years (Section 72 UrhG). Short slogans are better protected as trade marks.
Usage rights
Under the purpose-of-transfer rule (Section 31(5) UrhG), only the rights required for the contractual purpose are granted in case of doubt. A photo licensed for a catalogue may not automatically be used on posters or packaging. Contracts should define media, territory, duration, editing rights and exclusivity.
Image infringements and AI
Using third-party photos without a licence typically leads to claims for injunctive relief and damages based on licence analogy (Section 97(2) UrhG), often with a surcharge for missing credits. Content generated by AI without a decisive human contribution is generally not protected by copyright.
A retailer copies a competitor’s product photos. The photographer, who granted exclusive rights, sends a warning letter and claims licence-based damages.
A photo licensed only for a website is used in a billboard campaign. We negotiate a licence covering all planned media.
