Intellectual property

Copyright (Urheberrecht)

protection for personal intellectual creations, for example texts, photos, music, graphics and software. Arises automatically on creation, without any application or registration. Copyright lasts until the end of the 70th year after the author’s death. Under German law, copyright itself cannot be transferred; third parties can only be granted rights of use (licence).

In the day-to-day running of a small business, copyright is rarely about the business’s own works and almost always about other people’s. Photos on the website, a font in the layout, a map in the legal notice (Impressum), music in a video: using protected works generally requires permission. That is why the source, licence terms, scope and date of every image belong in a list. Common mistakes are missing attribution to the author, or a stock image that was licensed only for the website and then ends up in the catalogue. The second gap concerns the business’s own side. Whatever agencies or freelancers create stays with them for as long as the business lacks the necessary rights of use. Where employees create software as part of their duties, the business is generally entitled by law to exploit it.

Term 8 of 44 · As at 9 September 2026

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Licence: CC BY 4.0*

How to cite: Copyright (Urheberrecht), in: Berlin Online Glossary of German Business Law, published by STRUB.LAW, as at 9 September 2026, https://strub.law/en/glossary/copyright/, CC BY 4.0

*This licence applies only to the written entries of the Berlin Online Glossary.

The entries are carefully researched and reflect the position as at the date stated in each entry. They provide an initial overview and are no substitute for legal advice on your specific case. I cannot guarantee that they are accurate, complete or up to date. I am happy to discuss with you which rule applies to your situation. Have you spotted a mistake or do you have a comment? I would be glad to hear from you at info@strub.law.