Can a photographer claim lack of knowledge about license rights for commercial use in Germany?

Question from Photographer, Can a photographer claim lack of knowledge about license rights for commercial use in Germany?

Answer from AI:

In Germany, the rights of photographers are protected by copyright law, specifically the German Copyright Act (Urheberrechtsgesetz, or UrhG). In the situation described, the photographer may have a claim regarding the use of their photos without proper licensing. However, it is important to understand the general principles of copyright law and licensing in Germany to determine the potential outcomes.

Copyright protection for photographers in Germany

Under the German Copyright Act, photographers are granted exclusive rights to their works, including the right to reproduce, distribute, and publicly display their photos. These rights are protected for 70 years after the photographer’s death (§64 UrhG). In the absence of a contract, the photographer retains these rights by default.

Licensing and image rights

Licensing is the process of granting permission to use copyrighted works, such as photographs, for specific purposes. In the situation described, no contract has been drawn up for the delivery and use of the photos, neither for the image editing company nor for the customer of the image editing company. This means that the photographer has not explicitly granted any license rights to either party.

Claiming lack of knowledge about license rights

The photographer may argue that they were not aware of the license rights and image rights for commercial purposes, and therefore, they did not grant permission for the use of their photos in this manner. In this case, the photographer could potentially claim subsequent licensing fees from the parties using the photos for commercial purposes.

However, it is important to note that the outcome of such a claim may depend on various factors, such as the specific circumstances of the case, the communication between the parties, and the extent of the unauthorized use of the photos.

Recommendations

To protect their rights and interests, the photographer should consider the following steps:

1. Consult with a legal professional specializing in copyright law to assess the situation and determine the best course of action.
2. Document all communication and agreements with the image editing company and their customers to establish a clear understanding of the intended use of the photos.
3. Consider drafting a licensing agreement for future projects to clearly define the terms of use for their photos and avoid potential disputes.

In conclusion, the photographer may have a claim regarding the unauthorized use of their photos for commercial purposes. However, it is essential to consult with a legal professional to assess the specific circumstances and determine the best course of action.