1eae6950b359858feb978c40c6d9eddc

Buy-out contracts

Virtual employees, AI influencers and synthetic content – legal classification and international perspectives
Pay-to-win or pay-to-lose? Monetization in gaming between business and consumer deception
Flash scaling and aggressive business models: Innovation between progress and evasion
The romanticization of the “fail fast” principle in startups – When does failure become deception towards stakeholders?
Automated pricing and dynamic pricing in e-commerce
Growth hacking and viral marketing – legal requirements
Liability when using VibeCoding and no-code platforms – implications for legal due diligence
Alternative financing models in Germany and other countries – admissibility and design
Legal organization and entrepreneurial structuring of influencer start-ups and personal brands
Taking on investors in a startup: timing, risks and legal framework
81aec81e ad3a 49cd b1b1 8d43b8e59145 24528606
Startups in the legal gray area: permissibility and limits of innovative business models
Moral and legal aspects of “Trust among founders”
Honesty and fair pricing for start-ups (SaaS, mobile apps and digital services)
Creating contracts with face models and voice models: A guide for the gaming industry
Legally compliant archiving of emails: legal requirements and practical implementation
License agreements for software start-ups
iStock 1405433207 scaled
Support with the foundation
Arbitration and alternative dispute resolution in corporate disputes
< Alle Themen
Drucken
Key Facts
  • Buy-out agreements enable the transfer of usage rights to creative works in return for a one-off payment.
  • Contractual provisions define the scope, duration and type of use of the creative works.
  • There are genuine and non-genuine buy-out agreements; the latter include recurring fees.
  • The Copyright Act protects authors and allows rights to be enforced after ten years.
  • There are legal risks in the event of unclear usage rights and inappropriate remuneration.
  • Digital technologies are changing buy-out contracts through blockchain and smart contracts.
  • Legal frameworks must continually adapt to technological developments in order to create fair models.

Definition and legal basis

Buy-out agreements are legal transactions in which a client acquires comprehensive rights of use to creative works in return for a lump-sum payment. Legally anchored in the Copyright Act, in particular in Section 31 UrhG, they enable the transfer of rights of use in return for a one-off payment.

The contract precisely regulates the transfer of rights of use for a creative work. Typically, rights to photographs, film recordings, sound material or other creative services are transferred. The agreement defines the scope, duration and type of use. Since the copyright amendment, stricter regulations have been in place to protect authors.

Contract components and design options

Buy-out agreements must contain several key elements. The rights of use are precisely defined in terms of time period, geographical distribution areas and media channels. Typical areas of regulation include:

– Duration of the rights of use
– Geographical distribution areas
– Media usage channels
– Remuneration amount
– Recurring fees

A distinction is made between genuine and non-genuine buy-out agreements. In the case of genuine buy-out agreements, a one-off payment is made. Non-genuine buy-out agreements provide for additional remuneration for reuse.

Legal risks and protection aspects

The Copyright Act protects the interests of authors. § Section 40a UrhG stipulates that authors can assert rights of use again after ten years. The flat-rate remuneration must be reasonable.

Legal risks exist in the case of:
– Unclear rights of use
– Inappropriate remuneration
– Lack of precision in contractual clauses

The Federal Court of Justice has declared buy-out clauses to be permissible in principle, provided they are transparent and fair.

Digital transformation

Digital technologies are fundamentally changing buy-out contracts. Blockchain and smart contracts enable new forms of rights transfer. International usage rights are becoming more complex.

Future prospects

Legal frameworks must continuously adapt to technological developments. Interdisciplinary approaches are required in order to develop fair contract models.

 

Inhaltsverzeichnis