Buy-out contracts

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 works 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: – Period of validity of the rights of use
– Geographical distribution areas
– Media channels of use
– Remuneration amount
– Recurring fees A distinction is made between genuine and non-genuine buy-out agreements. In the case of genuine buy-out contracts, a one-off payment is made. Non-genuine buy-out contracts 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
– Inadequate remuneration
– Lack of precision in the 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.