Copyright
Copyright is an important part of the legal status of creators in the cultural sector. It determines who owns a creative work, who has the right to decide how it is used, and how you can protect your work. For artists, writers, musicians, and other creative professionals, clear agreements regarding copyright are essential: they form the basis for fair compensation and for control over how your work is distributed or adapted.
What is copyright?
Copyright arises automatically as soon as you create an original work that meets the requirements for copyright protection, such as a text, composition, painting, or illustration. Registration is not required; the right belongs to the creator, unless otherwise specified.
If you hold the copyright to a creative work, you can decide for yourself whether, how, and by whom your work is used. If someone wants to publish, copy, or modify your work, they need your permission. Use without permission is called infringement and can have legal consequences.
Who is the rights holder?
The copyright holder is usually the creator of the work, but there are exceptions. For example, the rights may belong to an employer (in the case of work performed as an employee), or a creator may transfer rights to another party, for example through a contract. Please note: a deed of assignment is always required for the transfer of copyrights. In addition, as a creator, you can also grant permission for specific uses by others through a license.
What rights do you have as a creator?
Copyright consists of several components. Together, these determine the control you have over your work and how others may or may not use it:
- Exploitation Rights: As a creator, you have the exclusive right to make your work public (for example, by publishing, exhibiting, performing, or streaming it) and to reproduce it (by copying, printing, recording, filming, translating, or adapting it).
- Moral Rights: In addition to exploitation rights, you have rights that always remain with you as the creator, even if you transfer your exploitation rights. These include the right to be credited, the right to prevent your work from being distorted or altered, and the right to object to unwanted changes.
- Neighboring rights: These rights apply to performers, such as musicians, actors, and dancers, as well as to producers of sound and visual recordings and broadcasting organizations. They have control over the recording, distribution, and broadcast of their performances.
- Right of Publicity: The right of publicity is a special provision that protects not primarily the creator, but rather the person depicted. A person who is recognizable in a photograph or painting may, under certain circumstances, object to its publication. Therefore, if you depict recognizable individuals in your work, it is advisable to properly obtain the consent of the person depicted for the publication of your work.
Infringement and Cease-and-Desist Letter
If your work is used without your permission, that constitutes an infringement. This can result in lost income and damage to your reputation. In such a situation, you usually start by sending a cease-and-desist letter, in which you formally demand that the infringing party stop using your work and compensate you for any damages. Such a letter often serves as a wake-up call and shows that you take your rights seriously.
💡 Tip: Find all available examples of demand letters in our knowledge base here: overview of demand letters.
Contracts and Licenses
In practice, usage rights are often set forth in a license agreement: the creator retains ownership but grants permission for use under certain conditions. This can be on a case-by-case basis, for a specific application, or for a longer period of time. See, for example, the license agreement for photographers.
Do you want to fully transfer exploitation rights? If so, this must always be done in writing in a deed of transfer. Make sure there are clear agreements regarding the duration, scope, and compensation. Copyright contract law also protects the position of creators by enshrining certain rights—such as the right to fair compensation—in law.