• 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 > Other > Influencers as artists: when content is subject to the concept of art and how it is protected

Influencers as artists: when content is subject to the concept of art and how it is protected

5. April 2023
in Other
Reading Time: 4 mins read
0 0
A A
0
girl gc0d358f7b 1920
Key Facts
  • Art is a complex and controversial subject that can appear in various forms and modes of expression.
  • Legally, art is protected by copyright, which secures rights for artists and their works.
  • For copyright protection, a work must reach a certain level of creativity and have an individual character.
  • The Künstlersozialkasse (KSK) supports artists and publicists in social insurance matters.
  • Influencers can be considered artists if their content is regarded as personal intellectual creations.
  • The artists' social security contribution is required when companies make use of artistic services provided by artists or publicists.
  • Each case should be examined individually to determine classification as an artist or content.

The concept of art and its legal definition

Content Hide
1. The concept of art and its legal definition
2. Art in copyright law
3. Influencers and the concept of art
4. Art and the Artists’ Social Security Fund
5. Concluding remarks

The concept of art is a multifaceted and often controversial topic. Art can take many different forms and expressions, which often makes its definition complex and controversial. Legally, art falls within the scope of copyright law, which protects artists and their works.

In the legal sense, art is protected by copyright law, which grants certain rights to the creators of a work, such as the right to have their authorship recognized and the right to decide on the use and exploitation of their works. However, copyright law does not protect all types of content, but only those that are considered personal intellectual creations. A certain degree of originality and individuality must be present for a work to enjoy copyright protection. The duration of copyright protection is limited in time and varies depending on the country and the type of work. Within the term of protection, authors have the right to grant licenses for the use of their works or, if necessary, to take action against copyright infringement. It is important to note that copyright arises automatically when a work is created and no registration is required to claim protection.

Art in copyright law

The Copyright Act defines art as creations that are in the field of literature, science and art. This includes, for example, texts, music, images, films, but also digital artwork and other creative content. In order to be recognized as art in the sense of copyright law, a work must reach a certain level of creation. This means that the work must have a personal and individual imprint of the creator and not be a mere copy or imitation of already existing works. Works of art that meet these requirements enjoy copyright protection, which allows the author to determine the use and exploitation of his work and, if necessary, to enforce claims against third parties.

Influencers and the concept of art

In the digital world, influencers have established themselves as a new breed of artists who showcase their work in the form of photos, videos, texts, or other digital content. The question of whether and when content from influencers is subject to the concept of art depends on various factors. First, influencer content must be considered personal intellectual creations in order to enjoy copyright protection. The level of creation plays a decisive role here. Furthermore, it is important to what extent the content of influencers has artistic aspects. This can be the case, for example, if an influencer demonstrates special skills in the areas of photography, video production or text design and his or her content carries a creative, personal and individual touch. It should be noted, however, that not all influencer content is automatically considered art. Many posts by influencers are more commercial in nature, such as product placements or promotional collaborations. Such content generally does not meet the requirements to be recognized as art under copyright law.

In order to assess whether an influencer’s content is subject to the concept of art, it is necessary to consider each case individually and analyze the respective artistic characteristics and the level of creation of the content.

Art and the Artists’ Social Security Fund

The Künstlersozialkasse (KSK) is a German social insurance institution that supports artists and publicists in the areas of health, nursing care and pension insurance. In order to be recognized as an artist within the meaning of the Künstlersozialkasse, certain requirements must be met. In addition to the predominantly artistic or journalistic activity, the applicant must also earn his or her living primarily from this activity. Whether influencers are recognized as artists within the meaning of the KSK depends on the extent to which their activities are classified as artistic or journalistic and whether they meet the other requirements.

The artists’ social security contribution is a levy that companies in Germany must pay when they use artistic or journalistic services provided by self-employed artists or publicists. The levy goes towards financing the artists’ social insurance and is used to cover the artists’ social insurance contributions. In connection with influencers, the question may also arise as to which content is subject to the artists’ social security contribution.

When working with influencers, their reach plays an important role, as it plays a significant role in how effective the distribution of advertising can be. However, if influencers are commissioned solely on the basis of their reach to disseminate advertising for products or services, without any artistic or journalistic performance being rendered, the artists’ social security contribution is generally not due.

In the field of affiliate marketing, influencers recommend products or services via special affiliate links, through which they receive a commission if the referral is successful. Here, too, the question arises as to whether the artists’ social security contribution is applicable to such content. Since the content is primarily of an advertising nature and the artistic or journalistic performance is subordinate in most cases, the artists’ social security contribution does not usually apply.

It’s a different story with custom content that influencers create on behalf of sponsors. Here it may well be the case that the content represents an artistic or journalistic achievement, if, for example, special photographic or cinematic skills are brought to bear. In such cases, the artists’ social security contribution may be due, provided that the cooperation with the Influencer is considered to be the use of an artistic or journalistic service. Companies that commission such content should therefore inform themselves about their obligations with regard to the artists’ social security contribution and pay it if necessary.

Concluding remarks

In summary, content from influencers can be subject to the concept of art, provided it meets the requirements of copyright law and can be considered personal intellectual creations with a certain level of creation. With regard to the Künstlersozialkasse, recognition as an artist depends on various factors, such as the classification of the activity as artistic or journalistic and the fulfillment of other requirements. Each case should be examined individually to determine whether influencers and their content are subject to the concept of art and enjoy corresponding protection.

Tags: CommissionCreation heightFinancingInfluencerJudgmentsLizenzmarketingRegistrationserviceUrheberrecht

Weitere spannende Blogposts

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

More consumer protection when buying apps and software

More consumer protection when buying apps and software
7. November 2022

On November 3, 2020, the Federal Ministry of Justice and Consumer Protection presented drafts for the implementation of the Digital...

Read moreDetails

Job offer: Trainee lawyer or student wanted for editorial work

Job offer: Trainee lawyer or student wanted for editorial work
7. November 2022

Dear readers, I am currently looking for a trainee lawyer or a student who is interested in IT law and...

Read moreDetails

25 years of self-employment: a path full of challenges and opportunities

Home
29. November 2023

Introduction: The journey begins Self-employment is a journey that requires courage, determination and vision. This journey began for me 25...

Read moreDetails

YouTuber/Influencer: Watch out for prank videos

YouTuber/Influencer: Watch out for prank videos
7. November 2022

I would like to use an event from Saturday as an opportunity to educate YouTubers/streamers/influencers about the legal dangers of...

Read moreDetails

LG Berlin on the essential characteristics of goods when selling T-shirts online

wegweisendes urteil zu ki trainingsdaten lg hamburg setzt massstaebe
22. January 2024

For esports teams and influencers who are active in online retail and regularly offer merchandise such as T-shirts and hoodies,...

Read moreDetails

How can Esports contracts ensure your organization’s success?

How can Esports contracts ensure your organization’s success?
8. December 2022

As a manager or person in charge of organizing a sport or an Esports team, you have to consider many...

Read moreDetails

Kick: The new streaming portal and the legal challenges for streamers

Kick: The new streaming portal and the legal challenges for streamers
29. June 2023

Introduction At a time when online streaming is gaining popularity and becoming an integral part of many people's daily lives,...

Read moreDetails

Frankfurt Regional Court: Form selection with Mr./Mrs. is discriminatory

Frankfurt Regional Court: Form selection with Mr./Mrs. is discriminatory
7. November 2022

A person who feels that he or she belongs to neither the female nor the male gender, but has to...

Read moreDetails
dsgvo 1

GDPR

25. June 2023

Introduction In today's digital world, the protection of personal data is crucial. The General Data Protection Regulation (GDPR), which came...

Read moreDetails
Slicing the Pie

Slicing the Pie

27. June 2023
rechtsanwaltsverguetungsgesetz rvg

Lawyers’ Compensation Act (RVG)

27. June 2023
Joint Development Agreement

Joint Development Agreement

16. October 2024
Bundestag

Bundestag

30. June 2023

Podcast Folgen

Rechtliche Grundlagen und Praxis von Open Source in der Softwareentwicklung

Rechtliche Grundlagen und Praxis von Open Source in der Softwareentwicklung

19. April 2025

In dieser Episode werfen Anna und Max einen Blick auf die rechtlichen Grundlagen rund um den Einsatz von Open-Source-Software in...

Startups und Innovation in Deutschland – Herausforderungen und Chancen

Startups und Innovation in Deutschland – Herausforderungen und Chancen

25. September 2024

In dieser aufschlussreichen Podcast-Episode wird ein tiefgreifender Blick auf die Startup- und Innovationslandschaft in Deutschland und Europa geworfen. Die Diskussion...

Globale Herausforderungen für Startups – Ein rechtlicher Leitfaden

Globale Herausforderungen für Startups – Ein rechtlicher Leitfaden

2. October 2024

Dieser informative Podcast bietet einen umfassenden Einblick in die rechtlichen Herausforderungen, denen sich Startups bei ihrer internationalen Expansion gegenübersehen. Der...

Juristische Trends für Startups 2025: Chancen und Herausforderungen

Juristische Trends für Startups 2025: Chancen und Herausforderungen

19. April 2025

In dieser Episode beleuchten wir die rechtlichen Entwicklungen, die das Startup-Umfeld 2025 prägen werden. Von der KI-Regulierung über neue Kryptowährungsrichtlinien...

  • 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