Copyright and club logos - A ruling with implications e.g. esport clubs - Rechtsanwalt Marian Härtel

What is it all about?

Key Facts

The ruling of the Higher Regional Court of Frankfurt am Main clarifies the use of creative works by members of associations.
The right to use logos designed by members is not tied to membership.
Clubs can continue to use logos even if members are no longer active.
The ruling creates legal certainty for associations regarding the use of creative contributions.
It enables clubs to maintain their brand identity and branding.
The decision emphasizes the need for clear agreements on creative works.
It is an important step towards greater legal certainty for associations and members.

A recent ruling by the Higher Regional Court of Frankfurt am Main (OLG) could have far-reaching implications for associations and organizations, especially in areas such as esports, where members often create creative contributions such as logos, websites and other works. These creative contributions are often integral to an association’s identity and image and can have a significant impact on its public perception and success.

The ruling (Case No. 11 U 61/22) clarified an important issue in connection with these creative contributions. It was determined that the right to use a logo designed by an association member is not necessarily tied to continued membership in the association. This is a significant clarification, as there has been uncertainty in the past about how copyright law is applied in such situations.

This means that an association retains the right to continue using a logo created by a member, even if that member is no longer active or has been expelled from the association. This is significant because it allows associations to maintain their brand identity and branding even when the people who contributed to its development are no longer active in the association. It also provides some legal certainty for associations that rely on the creative contributions of their members to shape their public presence and image.

The significance of the ruling for esport clubs and similar organizations and concluding thoughts

The ruling by the Higher Regional Court of Frankfurt am Main has far-reaching implications, particularly for esports clubs and similar organizations in which members often make creative contributions. These contributions, whether in the form of logos, websites or other creative works, are often an integral part of the association’s identity and contribute significantly to its external image and branding.

The question of what happens when these members are no longer active or leave the association is therefore of great importance. The ruling offers clear case law here: the right to use a work created by a member is not necessarily tied to continued membership in the association. This means that clubs retain the right to continue using such works even if the member who created them is no longer active or has been expelled from the club.

This legal certainty is of great importance to associations, as it allows them to maintain their brand identity and branding even if members who contributed to their development are no longer active. It also allows them to continue to benefit from the creative contributions of their members, regardless of their current status in the association.

Overall, this ruling helps to clarify the legal situation regarding the use of creative works by associations. It highlights the need to have clear agreements on the use of creative works to avoid future misunderstandings or litigation. It is an important step toward greater legal certainty for associations and their members regarding the use of creative works, and serves as an important reminder that associations and their members should be aware of the legal aspects of their creative contributions.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.