• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • 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
Rechtsanwalt Marian Härtel - ITMediaLaw

BGH: Copyright infringement even if authorship is denied only against the author himself

10. July 2024
in Copyright
Reading Time: 3 mins read
0 0
A A
0
urheberrecht
Key Facts
  • In its ruling of 27.06.2024, the BGH clarifies the scope of protection of the right of recognition under copyright law.
  • The ruling significantly strengthens the position of authors in copyright disputes.
  • An infringement of § 13 UrhG also applies to statements made to the author himself.
  • The BGH contradicts previous case law and rejects a restrictive interpretation.
  • The moral right applies comprehensively against the denial of authorship.
  • The decision encourages increased caution in internal disputes over authorship.
  • The ruling will have a lasting impact on the legal landscape in copyright law.

The Federal Court of Justice (BGH) has made an important clarification on the scope of protection of the right of recognition under copyright law in a groundbreaking ruling dated 27.06.2024 (Ref. I ZR 102/23). The decision significantly strengthens the position of authors and has far-reaching implications for the handling of copyright disputes. In essence, the question is whether the author’s right to recognition of his authorship enshrined in Section 13 sentence 1 UrhG is also infringed if the denial or presumption of authorship is only made against the author himself. The BGH now expressly affirms this and thus contradicts the previous case law of the lower courts. This decision is one of a series of rulings that have strengthened the moral rights of authors in recent years.

Content Hide
1. Background to the case and lower courts
2. BGH: No restriction of § 13 UrhG
3. Significance and impact of the decision
4. Conclusion and outlook
4.1. Author: Marian Härtel

Background to the case and lower courts

The case on which the BGH ruling was based concerned a dispute between an author and an editor over the authorship of a book. The author had negotiated with the editor about the editing of his new book, which he self-published a year later under the title “Der verratene Himmel”. Six years after publication, the editor wrote to the author claiming authorship of the book and asking him to stop referring to himself as the author of the work. After an unsuccessful warning, the author sued for injunctive relief against third parties. Both the Regional Court and the Higher Regional Court dismissed the action. The Higher Regional Court based its decision on the fact that a violation of the right to recognition of authorship pursuant to Section 13 UrhG requires that the denial or claim of authorship is not only made inter partes vis-à-vis the author, but that the statement is disseminated and thereby made public or at least that there is a risk of such dissemination occurring for the first time.

BGH: No restriction of § 13 UrhG

The BGH did not follow this restrictive interpretation of Section 13 UrhG. In its reasoning, the court emphasized that neither the wording nor the meaning and purpose of Section 13 UrhG justify such a restrictive interpretation of the right of recognition. The BGH clarified that the moral right of the author represents a comprehensive right of defense against any form of denial and presumption of authorship. This applies irrespective of whether the disputing or presumptuous statement is made only to the author himself or also to third parties. The court also emphasized that the right of recognition under copyright law – similar to the protection of honour against insults under personality law – is also guaranteed in the two-person relationship between the person making the statement and the legal entity concerned.

Significance and impact of the decision

The decision of the BGH is significant in several respects and has far-reaching consequences for practice. It considerably strengthens the position of authors by extending the scope of protection of Section 13 UrhG. Statements made in a two-person relationship between the author and the disputing party can now also constitute an infringement. This underlines the importance of the right of recognition as a central element of moral rights. In practice, this means that greater caution will be required in future, even in internal disputes about authorship. The decision is one of a series of rulings that have strengthened the moral rights of authors in recent years. For example, the Federal Court of Justice emphasized the importance of moral rights in the context of sampling in its ruling “Metall auf Metall III” (case no. I ZR 115/16).

Conclusion and outlook

The ruling of the BGH represents an important step towards strengthening the rights of authors and will have a lasting impact on the legal landscape in the area of copyright law. It underlines the importance of moral rights and their comprehensive nature. At the same time, the decision raises new questions, such as the distinction between justified criticism and inadmissible denial of authorship. It remains to be seen how case law will treat these borderline cases in the future. For authors, the ruling strengthens their position, while potential deniers of authorship must now also expect legal consequences for non-public statements. In practice, this should lead to increased sensitivity in dealing with copyright issues. Overall, the decision is part of a series of rulings that underline the importance of moral rights in the digital era and continuously expand their scope of protection.

Marian Härtel
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.

Tags: BghCase lawCopyright infringementFederal courtJudgmentLawsuitolgrightWarning

Weitere spannende Blogposts

Ebay purchase because of malfunction on the phone?

False gold bars may also be sold on Ebay
7. November 2022

On the subject of Ebay, there are now truly a lot of judgments in the German legal landscape. Therefore, I...

Read moreDetails

Watch out for copyright on jointly managed Instagram accounts!

Instagram blocking? Observe appropriate waiting period!
17. May 2024

In a recent ruling by the Berlin Regional Court dated 27.09.2023 (Ref.: 15 U 464/23), there are exciting statements that...

Read moreDetails

Key Learnings from my presentation: Navigating the Complex World of AI and Law

Key Learnings from my presentation: Navigating the Complex World of AI and Law
30. October 2023

I recently had the opportunity to attend a fascinating lecture on the legal and ethical aspects of Artificial Intelligence (AI)....

Read moreDetails

ECJ decides on the place of action of a trademark infringement

International trademark application at WIPO
5. September 2019

Today, the ECJ has taken a highly interesting decision on trade mark law, which could well have the potential to...

Read moreDetails

Basic price information for online sales: What retailers need to watch out for

Retailers don’t need to point out smartphone vulnerabilities
4. August 2023

The Schleswig Higher Regional Court recently issued a landmark ruling on basic price information in online sales (Case No. 6...

Read moreDetails

Is “Sponsored Post” enough as an advertising label?

Legal form as an influencer? A few hints!
17. April 2019

At the moment I have a case in which the question arises whether the word "sponsored post" is sufficient as...

Read moreDetails

ECJ tightens requirements for GDPR disclosures

Data protection: “Targeted advertising” through “legitimate interest” at the end? EDPB vs. meta
19. January 2023

The European Court of Justice (ECJ) has ruled that data controllers must, in principle, disclose the identity of the recipients...

Read moreDetails

Extended analysis of the ECJ ruling on the GDPR and its impact

Extended analysis of the ECJ ruling on the GDPR and its impact
12. December 2023

In an earlier post on my blog itmedialaw.com, I already briefly addressed the important ruling of the ECJ of December...

Read moreDetails

Repackaging of medicines is trademark violation!

Attention with Black Friday advertising!
17. October 2019

In the preliminary injunction procedure for the repackaging of a cancer drug by a drug importer, the 6th Civil Senate...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

da884f9e2769f2f96d6b74255be62c27

The role of the IT lawyer

5. September 2024

In this exciting podcast episode, we delve into the fascinating world of IT start-ups and find out why an experienced...

Read moreDetails
Looking to the future: How technology is changing the law

Looking to the future: How technology is changing the law

18. February 2025
8ffe8f2a4228de20d20238899b3d922e

Web3, blockchain and law – a critical review

26. September 2024
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025
c9c5d7fd380061a8018074c2ca5a81bf

Startups and innovation in Germany – challenges and opportunities

26. September 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • 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