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
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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
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Arbitration and alternative dispute resolution in corporate disputes
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Key Facts
  • Media law regulates the production, distribution and consumption of media content.
  • Important laws are the Interstate Broadcasting Treaty, the Telemedia Act and the Copyright Act.
  • Key issues in media law include freedom of expression, personality rights and copyright.
  • Social media law deals with the legal aspects of using social media.
  • The GDPR places strict requirements on data protection and the processing of personal data.
  • Challenges in media law include the development of technology and the enforcement of national laws.
  • The balance between data protection and the right to freedom of expression is critical.

Media

Definition and scope

Media law is a field of law that deals with the regulation of media content. It includes a variety of laws and regulations that govern the production, distribution, and consumption of media content. These include broadcasting law, press law, film law and telemedia law.

Relevant laws and regulations

  • Interstate Broadcasting Treaty (RStV)
  • Telemedia Act (TMG)
  • Interstate Treaty on the Protection of Minors in the Media (JMStV)
  • Copyright Act (UrhG)
  • Artist copyright (KUG)

Legal issues in media law

  • Protection of freedom of expression
  • Protection of the right of personality
  • Minors
  • Copyright
  • Privacy
  • Advertising law

Social media law

Definition and scope

Social media law is a relatively new area of law that deals with the legal aspects of using social media. It covers issues of data protection, copyright, personal rights, competition law and much more in the context of the use of social media.

Relevant laws and regulations

  • Telemedia Act (TMG)
  • Federal Data Protection Act (BDSG)
  • General Data Protection Regulation (DSGVO)
  • Unfair Competition Act (UWG)
  • Copyright Act (UrhG)

Legal issues in social media law

  • Data protection and data security
  • Copyright and rights of use
  • Liability for contents
  • Advertising and marketing
  • Protection of the right of personality
  • Compliance with platform policies

Challenges and problems

There are a number of challenges and issues in both media law and social media law. These include:

  • The rapid development of technology and the difficulty of keeping laws and regulations up to date.
  • The global nature of the Internet and social media, which makes it difficult to enforce national laws.
  • The protection of freedom of expression and personal rights in an environment where anyone can publish content.
  • The difficulty of enforcing copyrights on social media.
  • The balance between data protection and freedom of expression.

Data protection and social media

A central topic in social media law is data protection. Users share a wealth of personal information on social media platforms, and there are concerns about how that data is collected, stored and used. The GDPR plays a crucial role here, as it imposes strict requirements on the processing of personal data.

Copyright

Sharing content is an essential part of social media. However, this can lead to copyright infringement if users share content for which they do not have the necessary rights. The Copyright Act comes into play here and protects the rights of authors.

Liability for contents

Another important issue is liability for content published on social media platforms. This concerns both the liability of users for their own contributions and the liability of platform operators for content published by users.

Advertising and marketing

Social media is a popular tool for advertising and marketing. In doing so, however, companies must comply with legal regulations, in particular competition law and advertising and marketing regulations.

Conclusion

Media law and social media law are two overlapping areas of law that deal with the regulation of media content and the use of social media. Both areas of law are complex and subject to constant change due to technological developments. It is important to be aware of applicable laws and regulations and to act responsibly when using media and social media.

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