Basically, there are clear rules in Germany about what belongs in an imprint. For Twitch I have written something about it here, for social media accounts here is some information. And of course, despite the clear rules in Section 5 of the Telemedia Act, there are still stumbling blocks as described here and here.

Another exciting topic came to my agenda today, namely what it looks like with the obligation to name in the imprint, for example, if a YouTuber, a Twitch streamer or an Instagram personality has an official stage name. Here, however, we are not talking about a nickname from gamers or the like, but about an artist’s name actually entered in the identity card and/or passport. Such registration may be made to the competent reporting authorities. However, the prerequisite for registering the artist’s name is that you are known nationwide as an artist (this can be a YouTuber or Twitch creator), not just your own friends. Of course, it also helps with the assessment by the authorities if things like a registered trademark already exist.

If the artist’s name can be clearly assigned to a specific person after registration, the artist’s name can also be legally binding lysigned and its owner may be sued under that name. In the event of a lawsuit, the artist’s name can then also be used to refer to the party name.

This probably leads to the fact that the artist’s name is then also sufficient for the entry in the imprint, and thus you do not have to open your real name to fans, for example. A risk remains, of course. As far as I am aware, there have been no judgments on the issue so far. A certain warning risk therefore remains.

However, since successful streamers or influencers are certainly reluctant to make things such as a full address, telephone extension and/or the full name public, one should pay attention to a few things that are generally related to the imprint of a companies may be assessed differently. I am happy to provide comprehensive advice and thus reconcile interest and process risk.

Marian Härtel ist spezialisiert auf die Rechtsgebiete Wettbewerbsrecht, Urheberrecht und IT/IP Recht und hat seinen Schwerpunkt im Bereich Computerspiele, Esport, Marketing und Streamer/Influencer. Er betreut Startups im Aufbau, begleitet diese bei sämtlichen Rechtsproblemen und unterstützt sie im Business Development.

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