• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
ITMediaLaw - Rechtsanwalt Marian Härtel
Warenkorb
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel

ITMediaLaw - Rechtsanwalt Marian Härtel > Copyright > Attention to the contract with a photographer

Attention to the contract with a photographer

8. July 2019
in Copyright
Reading Time: 1 min read
0 0
A A
0
copyright

For this reason, I would like to point out once again that operators of online shops similar websites with many graphics and photos pay close attention to the contracts of the photographers concerned.

This applies both to the use of stock photos (see this article or this article but also this note on the Cordoba decision) but also to the use of photos that a photographer has produced on his own behalf. Here, too, it is necessary to observe exactly what rights were granted by the photographer. If the employee was, the exploitation rights must be assessed differently than if the photographer was only a contractor. Of course, it is particularly critical when the photos were taken by someone WITHOUT remuneration, e.g. because it was a friendship achievement. I can only advise against this in principle, that even with a contract there could later be a dispute about the appropriate remuneration, which can quickly become expensive if, for example, the online shop eventually became successful – mainly because of the pictures. See, for example, this decision.

But professional photographers should also pay attention to which rights are transferred, to which platforms the rights apply (social media? Mobile Devices?), to whom exactly these rights are granted (rights transfer? Portability?) and much more.

In the meantime, there is software that can crawl hundreds of websites per hour and compares and if and since when illegal photos have been used. Then the defense options are usually limited to the amount of the costs(see this BGH decision) and not whether there is a claim for damages at all.

Tags: AGBBghDamagesExploitation lawJudgmentsSoftwareVerträge

Weitere spannende Blogposts

Publishing contracts and recycling of code

copyright
17. October 2019

Creating and correcting publishing contracts for computer games is just as much my day-to-day business as contracts for freelancers and...

Read moreDetails

Incorrect registration of batteries can be warned

Incorrect registration of batteries can be warned
3. April 2019

Of course, products containing batteries are also sold via online shops. These products must be reported to the Joint Take-Back...

Read moreDetails

OLG Frankfurt am Main vs. OLG Celle – FernUSG in B2B Contracts

OLG Frankfurt am Main vs. OLG Celle – FernUSG in B2B Contracts
30. October 2023

There has been noticeable uncertainty in the coaching industry to date, particularly with regard to the applicability of the Distance...

Read moreDetails

GDPR: OLG stick to alleged loss of control not sufficient for claim for damages

District Court Frankfurt a.M. on the right to be forgotten
17. May 2024

Introduction: As a lawyer who deals intensively with the facets of data protection law, I would like to highlight a...

Read moreDetails

Attention to Analytics without anonymization

Attention to Analytics without anonymization
28. June 2019

Actually, it is an old hat that you should not use Google Analytics in Germany without AnonymizeIP. There is a...

Read moreDetails

Eiermann tables and copyright

Eiermann tables and copyright
5. December 2022

Since I know quite a few fans of Eiermann tables in the office, especially in the startup sector, I just...

Read moreDetails

Judgment on World Of Warcraft & Account Suspension due to GTC Violation

Judgment on World Of Warcraft & Account Suspension due to GTC Violation
8. September 2019

In a case I represent, the District Court of Neukölln has ruled that an account in the World of Warcraft...

Read moreDetails

BGH limits the warning mania!

Online retailer: Notice of warranty of defects
7. November 2022

I have already dealt with the topic of abusive cease-and-desist letters here on the blog a few times, and the...

Read moreDetails

Cologne District Court considers online contract generator to be illegal

Cologne District Court considers online contract generator to be illegal
15. October 2019

On 08.10.2019, the Regional Court of Cologne (file number 33 O 35/19) issued a landmark ruling for the assessment of...

Read moreDetails
d05f2367 adba 436f b9f9 b77892754071 202725299

Immorality

29. March 2025

Definition and legal basis (Section 138 BGB) In civil law, immorality refers to a violation of a legal transaction against...

Read moreDetails
earn out klausel

Severability clause

25. June 2023
Adjudication

Adjudication

16. October 2024
Collecting society

Collecting society

16. October 2024
kuenstlersozialkasse ksk und ksk abgabe

Artists’ Social Insurance Fund (KSK) and KSK levy

28. June 2023

Podcast Folgen

legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025

In this captivating podcast episode, I take a deep dive into the world of blockchain technology and smart contracts. The...

d5e1e6cad87cb839a9e23af79034bd94

AI in the legal system: Towards a digital future of justice

16. October 2024

In this fascinating podcast episode, we take a deep dive into the world of artificial intelligence (AI) and its impact...

7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025

This insightful 20-minute podcast episode by and with me explores the complex topic of copyright in the digital age. The...

247f58c28882e230e982fa3a32d34dea

Digital sovereignty: Europe’s path to a self-determined digital future

8. December 2024

In this exciting episode of the itmedialaw.com podcast, we take a deep dive into the highly topical subject of digital...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung