• 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

Copyright and club logos – A ruling with implications e.g. esport clubs

14. July 2023
in Copyright, Law and Esport
Reading Time: 2 mins read
0 0
A A
0
urheberrecht
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.

What is it all about?

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.

 

Tags: EsportUrheberrecht

Beliebte Beträge

Esport: How long can a player contract run?

Esport: How long can a player contract run?
19. June 2019

In the context of the questions about transfer fees or talent promotion, professional teams or agencies in esport always ask...

Read moreDetails

As a teenager, make e-sports men/streamers self-employed?

As a teenager, make e-sports men/streamers self-employed?
2. January 2020

The industry of streamers and e-sports enthusiasts is very young compared to other industries and therefore also for lawyers and...

Read moreDetails

Tfue vs. FaZe: What does German law say about this?

7. June 2019

Tfue vs. FaZe on everyone's mouth The subject of Tfue's lawsuit against FaZe (I wrote briefly about it in this...

Read moreDetails

Newzoo Esport Report

Newzoo Esport Report
7. November 2022

Newzoo has published the Global Esports Market Report 2019. It provides a detailed look at the economics of Esports -...

Read moreDetails

Interview for the German Lawyer Hotline

Interview for the German Lawyer Hotline
7. November 2022

Recently I gave an interview to the German Lawyer Hotline about Esport, a few current topics in Esport and my...

Read moreDetails

Study on violence in games – no connection with player behavior

Study on violence in games – no connection with player behavior
7. November 2022

The topic of "violence in computer games" is probably as old as any other topic in the computer games industry....

Read moreDetails

Research Center Esport Law at the University of Augsburg

Research Center Esport Law at the University of Augsburg
7. November 2022

On January 09, 2019, the first university research center for esports law (FeSR) in Germany was founded at the Faculty...

Read moreDetails

Cologne Sports University presents Esport study

Cologne Sports University presents Esport study
7. November 2022

For the first time in Germany, the German Sport University Cologne examined the training and health behavior of 1,200 esport...

Read moreDetails

Bundestag: Sports committee deals with esports

Greens get involved in esports
7. November 2022

The Greens are getting serious about esports and are putting the topic of esports on the agenda of the Sports...

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