When using third-party content, German copyright law must be considered above all, insofar as the business activities are mainly carried out in Germany.
Which copyrights must be observed if third-party content or third-party works are used on the website?
Section 2 of the German Copyright Act (UrhG) stipulates that protected works can be, among others, linguistic works (texts, speeches), musical works, photographic works, cinematographic works, but also maps and sketches, insofar as they constitute a "personal intellectual creation".
Programming languages are also covered under Section 69a UrhG, so that the source code of applications can also be protected. The design of a website does not usually reach the required level of intellectual creation, but here too design ideas should not simply be copied from other websites. Copyright does not expire until 70 years after the death of the author (Section 64 UrhG), so copyrights can exist even for supposedly old works. In addition, it can be inherited, so that descendants can still hold copyrights to very old works (Sections 28 ff. UrhG).
What should be considered when contributions from radio and press are used on the website?
Section 49 UrhG - Newspaper articles and radio commentaries
(1) It is permissible to reproduce and distribute individual radio commentaries and individual articles as well as illustrations published in connection with them from newspapers and other information journals serving only daily interests in other newspapers and information journals of this kind as well as to publicly reproduce such commentaries, articles and illustrations if they concern political, economic or religious issues of the day and are not subject to a reservation of rights. Reasonable remuneration shall be paid to the author for the reproduction, distribution and communication to the public, except in the case of reproduction, distribution or communication to the public of short extracts from several commentaries or articles in the form of an overview. The claim may only be asserted by a collecting society.
(2) The reproduction, distribution and communication to the public of mixed news of factual content and of news of the day published by the press or radio shall be permitted without restriction; any protection granted by other statutory provisions shall remain unaffected.
Any claims for remuneration are asserted by so-called collecting societies. The collecting society Verwertungsgesellschaft Wort (VG Wort) administers the remuneration claims for texts and is the point of contact if such texts are to be published (https://www.vgwort.de/startseite.html).
What should be considered when quotations are used on the website?
Quotations are a use of copyright-protected content permitted by law (Section 51 UrhG).
Section 51 UrhG - Quotations
Permitted is the reproduction, distribution and communication to the public of a published work for the purpose of quotation, provided that the extent of the use is justified by the particular purpose. This is permissible in particular if
individual works after publication are included in an independent scholarly work for the purpose of explaining the content,
passages of a work are cited in an independent linguistic work after publication,
individual passages of a published work of music are cited in an independent work of music.
The right to cite according to sentences 1 and 2 includes the use of an illustration or other reproduction of the cited work, even if it is itself protected by a copyright or related right.
A general distinction is made between large and small citations, i.e. whether an entire work (large citation) or only a small excerpt (small citation) is used. In order to be able to quote, the original work must always have been published by the author. Secret diary entries can only be quoted with prior consent. The prerequisite for a quotation is that one's own statement (regardless of whether it is in text, image or music form) is supported by the quotation. Supporting means that the own statement must be the focus, i.e. the quotation must not be longer than the actual own statement. In addition to the author, the source must also be indicated (Section 63 UrhG), often the publisher, as well as the prohibition of alteration laid down in Section 62 UrhG.
However, the above-mentioned citation restriction from Section 51 UrhG does not apply to free-standing quotations, i.e. individual quotations that can be read on the landing page of a website, for example. The reason for this is that there must be a quotation purpose, i.e. the author's own statement must be supported by a quotation. Free-standing quotations, however, do not support a statement.
Under certain circumstances, quotations can also violate the general personal rights of the living author if, for example, they are taken out of context and placed in a completely different context. However, violations of personality rights can also be relevant up to ten years after the author's death. For example, if a sentence that in context admonishes the dangerousness of drugs, but taken out of context can be understood as an invitation to use drugs. If there is even the risk of a false interpretation and thus an infringement of personal rights, the quotation may not be used.
For free-standing quotations, those of ancient Greek philosophers are particularly suitable. They have far exceeded the 70-year limit from Section 64 UrhG and infringements of personality rights are also excluded.
If claims for remuneration against the author are in question, the VG Wort is also responsible for this.
What should be taken into account when using third-party photos, images and videos on the website?
On the one hand, copyright could also be infringed here. It is true that online image databases often offer images for free use, for example to design one's own website. However, the terms of use of the database often contain precise information on the conditions under which the images may be used, e.g. indication of the source. It is essential to observe these.
On the other hand, it is important to note whether persons are recognisable, i.e. identifiable, in the pictures. If this is the case and the image does not come from an online image database that has released the image, the consent of the person shown in the photo must be obtained. This is because the person depicted has the sole "right to his or her own image" according to Section 22 of the German Art Copyright Act (KUG). The consent must relate not only to the taking of the photo (insofar as you can influence this) but also, in particular, to its use.
The same applies to the use of moving images, i.e. videos.
What must be observed if third-party music is used on the website?
Even if music is to be used, for example, if one's own videos are created that are to be underpinned with music, the right of quotation (Section 51 UrhG) as well as remuneration claims are important. As far as the exploitation of German musical works is concerned, the Society for Musical and Mechanical Reproduction Rights (GEMA) is the right contact (https://www.gema.de).
What applies to the use of own lyrics?
In the case of own lyrics, attention must be paid above all to violations of the Unfair Competition Act (UWG). Sections 3 ff. UWG prohibit unfair business practices. This includes, for example, that all information must be truthful. Also, offers from competitors may not be disparaged.
What applies to the use of own texts?
When using your own texts, you must pay particular attention to violations of the Unfair Competition Act (UWG). Sections 3 ff. UWG prohibit unfair business practices. This includes, for example, that all information must be truthful. Also, offers from competitors may not be disparaged.
What applies to the use of own photos or videos?
When using your own photos or videos, you must make sure that people are recognisable and identifiable. They are entitled to the so-called "right to their own image" according to Section 22 of the German Art Copyright Act (KUG). It is best to obtain the consent of the person(s) depicted at the time the picture is taken and it should also refer to the use of the picture. If older photographs are involved, consent must be obtained for their use.
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We will be happy to advise you on all questions of copyright law and, if necessary, enforce your rights in court.
