• Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
ITMediaLaw - Rechtsanwalt Marian Härtel
  • en English
  • de Deutsch
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel/News
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
Kurzberatung
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel/News
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel
Home Copyright

BGH decides on the right to name in copyright contract law

24. October 2023
in Copyright
Reading Time: 3 mins read
0 0
A A
0
bghurteil
Key Facts
  • The ruling of the BGH of June 15, 2023 concerns Section 13 UrhG on the naming right.
  • Authors can waive the mention of their name if certain conditions are met.
  • The waiver must be expressly and unambiguously declared.
  • Authors must fully understand and accept the consequences of their renunciation.
  • The ruling strengthens the freedom of contract between authors and users.
  • It creates legal certainty and minimizes the risk of legal disputes.
  • The ruling offers artists more flexibility in the use of their works.

Introduction

Content Hide
1. Introduction
2. The case and the decision of the BGH
3. Effects on practice
4. Conclusion

On June 15, 2023, the German Federal Court of Justice (BGH) issued a significant decision in the context of copyright law under the case number I ZR 42/21. The decision focused on Section 13 UrhG, which regulates the right to name the author. The question was whether and under what conditions an author can refrain from mentioning his own name. This ruling has far-reaching implications for creatives, companies and the entire media industry and will be examined in more detail below.

The case and the decision of the BGH

The specific case revolved around the interpretation of Section 13 of the Copyright Act (UrhG), which governs the author’s right to be named. In this context, the Federal Court of Justice (BGH) was presented with the question of whether an author has the right to waive the mention of his or her own name and, if so, under what conditions this is permissible. In its ruling of June 15, 2023 under the case number I ZR 42/21, the Federal Court of Justice (BGH) clarified that such a waiver is possible in principle. However, this is not unrestricted and automatically valid. Certain conditions must be met for the waiver to be legally valid.

In particular, the waiver must be expressly and unambiguously declared. This means that general or vague formulations are not sufficient. The statement must be designed in such a way that there is no doubt as to the author’s intention to waive attribution. Furthermore, the author must fully understand and accept the scope of this waiver. This implies that the author must be aware of the possible consequences that such a waiver entails, for example with regard to the subsequent exploitation of the work or the assertion of further copyright claims. Only if these conditions are met is the waiver of attribution legally permissible under Section 13 UrhG.

Effects on practice

The BGH’s decision has far-reaching practical consequences that manifest themselves in various areas of copyright law and contractual relations. First, the ruling strengthens the freedom of contract between authors and users. This means that both parties can now enter into individual agreements with greater certainty that are specifically tailored to their needs and requirements. This is especially beneficial for creators who want to use their works in specific contexts or industries, such as the advertising industry or digital media.

In addition, the ruling sets clear guidelines that minimize the risk of litigation. By clearly defining the requirements for a waiver, both parties can now better assess which agreements are legally tenable. This reduces uncertainty and creates a more stable environment for the exploitation of copyrighted works.

Finally, the decision provides artists and other creators with more flexibility in how they structure their contracts and the use of their works. They can now decide in a more targeted manner whether and under what conditions they wish to refrain from having their name mentioned. This opens up new possibilities for licensing and marketing their works, for example in anonymous or pseudonymous contexts, and allows for a wider range of creative and commercial options.

Overall, the ruling helps to adapt German copyright law to the complex and diverse requirements of the modern media landscape and offers both authors and users a higher degree of legal certainty and flexibility.

Conclusion

The BGH’s ruling on case number I ZR 42/21 of June 15, 2023 not only marks an important milestone in the further development of German copyright law, but could also serve as a point of reference for future case law in this area. It lays a foundation for modernizing and adapting copyright law to the ever-changing digital landscape. Moreover, the decision could also attract international attention and serve as a reference point for similar issues in other jurisdictions.

Tags: BghCase lawCustomizationFederal courtJudgmentLegal certaintyrightRiskSicherheitUrheberrechtVerträge

Beliebte Beträge

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

OnlyFans has established itself as a platform on which content creators - often in the erotic sector - offer their...

Read moreDetails

Memes, remixes and reaction videos legal? – Copyright 2025: Parody and pastiche exception

Memes, remixes and reaction videos legal? – Copyright 2025: Parody and pastiche exception
9. May 2025

Memes, remix videos and reaction videos have become an integral part of online culture - but are such memes legal...

Read moreDetails

Legally compliant contract drafting for software development on no-code platforms

Legally compliant contract drafting for software development on no-code platforms
26. April 2025

No-code and low-code platforms enable start-ups and agencies to develop software and digital products quickly and without in-depth programming knowledge....

Read moreDetails

Open source in software development: legal principles and practice

Open source in software development: legal principles and practice
17. April 2025

Open source software has become an integral part of modern software development - whether in the development of computer games(game...

Read moreDetails

Contracts with co-development studios: IP splitting, rights allocation and risk allocation

Contracts with co-development studios: IP splitting, rights allocation and risk allocation
23. April 2025

International collaboration in software and game development offers great opportunities - from shared expertise to faster product creation. However, co-development...

Read moreDetails

Unjustified IP warning: What to do with strikes on social media?

copyright
23. January 2025

Content creators on platforms such as Instagram, YouTube or Twitch are increasingly confronted with legal challenges that go far beyond...

Read moreDetails

Property rights to algorithms: Typical questions and legal answers

ECJ: Advocate General assesses sampling as copyright infringement
15. January 2025

Time and again, clients ask the question: "Who actually owns the rights to an algorithm?" This question is not only...

Read moreDetails

Influencer marketing contracts & content creator law

cc4cbb3206a631e8b56c3bdf22a57e6c
8. December 2024

When I founded JustGamers 25 years ago, "influencers" were still the gaming magazines that reported on new computer games in...

Read moreDetails

License agreements for software start-ups

License agreements for software start-ups: How to optimally protect your intellectual property
13. October 2024

For software start-ups, intellectual property is often the most valuable asset. The correct drafting of license agreements is therefore crucial...

Read moreDetails
  • Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
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
  • Contact
  • Leistungen
    • Support with the foundation
    • Focus areas of attorney Marian Härtel
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Games law consulting
    • Support and advice of agencies
    • Legal advice in corporate law: from incorporation to structuring
    • Cryptocurrencies, Blockchain and Games
    • Investment advice
    • Booking as speaker
    • Legal compliance and expert opinions
    • Legal advice in corporate law: from incorporation to structuring
    • Contract review and preparation
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
    • Agile and lean law firm
    • Focus on start-ups
    • Principles as a lawyer
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Why a lawyer and business consultant?
    • Focus on start-ups
    • How can I help clients?
    • Team: Saskia Härtel – WHO AM I?
    • Testimonials
    • Imprint
  • Videos
    • Video series – about me
    • Information videos – about Marian Härtel
    • Videos on services
    • Blogpost – individual videos
    • Shorts
    • Third-party videos
    • Podcast format
    • Other videos
  • Knowledge base
  • Podcast
  • Blogposts
    • Lange Artikel / Ausführungen
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Labour law
    • EU law
    • Corporate
    • Competition law
    • Copyright
    • Tax
    • Internally
    • Other
  • en English
  • de Deutsch
Kostenlose Kurzberatung