Duty to provide information in the UrhG – definitely unknown for website operators or game publishers?

There are always schemes where, as a lawyer, you are pretty sure that these clients are unknown. And § 32d UrhG is almost certainly one of them: In the…

There are always schemes where, as a lawyer, you are pretty sure that these clients are unknown. And § 32d UrhG is almost certainly one of them:

In the case of the granting of a right of use against payment, the contracting party shall provide the author with information at least once a year on the extent of the use of the work and the income and benefits derived therefrom. The information is provided on the basis of the information that is usually available in the ordinary course of business. The information must be provided for the first time one year after the beginning of the use of the work and only for the period of use of the work.

Article 19 of Directive 2019/790 now requires that authorsreceive up-to-date, relevant and comprehensive information on the exploitation of their works and performances, in particular on the nature of the exploitation, all revenues received from and claims due from those to whom they have licensed or transferred rights and their successors in title”. Therefore, authors also have a right to information pursuant to Section 32d para. 1a) UrhG on the names and addresses of any sublicensees. However, this is a claim that must first be asserted.

Section 32e UrhG grants the author, in both the old and the new version, a right to information also against third parties in license chains. This also covers companies involved in the exploitation of the work. What is new, however, is that this claim is subsidiary to the claim against the direct contractual partner – the contact person is therefore initially the author’s own contractual partner, even in the case of exploitation in the license chain.

However:In contrast to the previous regulation before the amendment, authors no longer have the right to information; instead, users are obliged to provide information at least once a year about the extent of use of the work and the income and benefits derived from it. The information must be provided for the first time one year after the beginning of the use of the work and only for the period of use of the work. This means that anyone who uses works must not only enable and perform clean documentation of the use, but should also remember to actually provide the information. Otherwise, there is a threat of warnings and other costs in the future. For companies that outsource a lot of work to freelancers, even major adjustments to the corresponding contracts might be necessary!