• 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

OLG Köln decides on click-baiting

3. June 2019
in Law on the Internet
Reading Time: 2 mins read
0 0
A A
0
mouse 1626473 1280

A programme magazine has to pay a well-known TV presenter 20,000 euros because it has illegally used his image as a “click bait”. This was decided by the 15th Civil Senate of the Higher Regional Court of Cologne by judgment of 28.05.2019.

The magazine had posted four pictures of celebrities on its Facebook profile, along with the text: “One of these TV presenters has to withdraw because of CANCER.” By clicking on the message, the readers were forwarded to the magazine’s website, where the illness of one of the presenters pictured was truthfully reported. It did not contain any information on the applicant not concerned. The OLG Köln thus upheld the decision of the Regional Court of Cologne. The applicant’s image was unduly commercially exploited. The publication did not involve any information value with regard to the applicant. The baseless speculation about a possible cancer related to the plaintiff would have been on the verge of a deliberate hoax. The editorial reporting in the target article had no relation to the applicant. The applicant’s image did not supplement either the teaser or the target report.

The case is typical of clickbaiting on social media networks such as Facebook, where the tearful headline in conjunction with images of celebrities is supposed to open up a “curiosity gap.”

The plaintiff, in this case Günther Jauch, uses the so-called “license analogy” to assert claims for damages. After that, the publisher has to pay the amount that he has “saved” by not acquiring a license for the illustration from the pictured. Such an amount is estimated by the court and must be paid even if the person depicted would not have been prepared to have his image licensed for the use in question. The right to payment does not pre-approve the publication, but constitutes compensation for an unlawful interference. In determining the appropriate licence fee, the Senate took into account, in particular, that the applicant has an outstanding market and advertising value and is exceptionally popular and that the applicant’s cancer in the room is a sensitive theme has acted.

The Senate has allowed the revision, since the legal treatment of clickbaiting is of fundamental importance and requires a clarifying and landmark decision of the Federal Court of Justice.

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: DamagesFacebookFederal courtInformationinternetLizenz

Weitere spannende Blogposts

The Legal Questions Bot on ITMediaLaw.com: Now even smarter and more helpful!

Key Considerations When Offering an AI-Based Chatbot
15. September 2023

What's new? Content Awareness The bot already has a content awareness feature that allows it to understand the context of...

Read moreDetails

The Darknet is not illegal!

Abusive warnings are punishable by law
7. November 2022

I don't have much to do with criminal law, except at the time of the state exam. That's why I...

Read moreDetails

Just do not insult the lawyer

Just do not insult the lawyer
7. November 2022

You should also evaluate your own lawyer fairly on the Internet, otherwise you will be threatened with unmade. Pure defamatory...

Read moreDetails

Decided: No more broadcasting licences for streamers in the new media state treaty!

fotolia 8894218 xs trans 3
5. December 2019

There is very good news for streamers today. The Media State Treaty was finally adopted, which is expected to enter...

Read moreDetails

Offer: Trainee lawyer wanted for the legal internship or elective internship

Offer: Trainee lawyer wanted for the legal internship or elective internship
7. November 2022

Currently, I am again offering a position for a legal trainee in Berlin who is interested in completing his legal...

Read moreDetails

Courts overturn IP block on illegal gambling

Lottery brokerage/gambling/betting on the Internet without permission?
17. February 2023

Despite the new State Gambling Treaty and a trend in recent years for courts to affirm repayment claims by customers...

Read moreDetails

My wife Saskia in the team of the firm

My wife Saskia in the team of the firm
17. February 2023

Every company, every entrepreneur and, of course, a law firm like mine would be nothing without the team behind it,...

Read moreDetails

Keyselling punishable and anti-competitive?

Small summary – Blizzard vs. Bossland
23. February 2023

On the subject of keyselling, there are two recent rulings that are causing unrest in the industry. The most unrest,...

Read moreDetails

AI in the legal system: Towards a digital future of justice

AI in the legal system: Towards a digital future of justice
16. October 2024

In this fascinating podcast episode, we take a deep dive into the world of artificial intelligence (AI) and its impact...

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

8ffe8f2a4228de20d20238899b3d922e

Web3, blockchain and law – a critical review

26. September 2024

  In this insightful episode of the ITmedialaw podcast, we take an in-depth look at the intersection of Web3, blockchain...

Read moreDetails
052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

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

Smart contracts and blockchain

15. January 2025
Looking to the future: How technology is changing the law

Looking to the future: How technology is changing the law

18. February 2025
AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

24. 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