International · cross-border copyright
Works know no borders – copyright does. A song is streamed worldwide, a photograph copied in the US, a screenplay adapted in France, software rebuilt in Asia. As German copyright lawyers we advise clients whose works, rights and disputes extend beyond Germany, and foreign rights holders who need to enforce or defend their rights in Germany and the EU.
Why international copyright follows its own rules
There is no such thing as a “world copyright”. The Berne Convention, TRIPS and the WIPO treaties ensure that works are protected without formalities in almost every country and that foreign authors are treated like nationals (national treatment). But which rights exist, who owns them, how long they last and which remedies are available is determined by the law of each country for which protection is claimed. Within the EU much has been harmonised – for example by the InfoSoc Directive 2001/29/EC, the Enforcement Directive 2004/48/EC and the DSM Directive (EU) 2019/790 – yet copyright contract law, moral rights and procedural law still differ considerably. Outside Europe, in the United States for instance, fundamentally different concepts such as fair use, work made for hire or registration with the U.S. Copyright Office apply.
In practice this means: anyone producing, licensing or enforcing internationally should clarify early on which law applies, where to sue and how to draft contracts that work in every relevant country.
Conflict of laws
The territoriality principle and the law of the protecting country (lex loci protectionis, Article 8 Rome II Regulation) govern infringement. For licence agreements, the parties may choose the applicable law under the Rome I Regulation – but mandatory German rules on equitable remuneration (Sections 32, 32a, 32b UrhG) may still apply.
United States
US Copyright Act, registration, statutory damages, fair use, DMCA takedowns, work made for hire and the Copyright Claims Board – handled together with our US cooperation partners.
France
Perpetual moral rights (droit moral), strict formal requirements for transfers of rights, collecting societies such as SACEM, SACD, ADAGP and SCAM, and the media regulator Arcom.
Netherlands and Benelux
Auteurswet, related rights, Buma/Stemra and Pictoright, the interface with Benelux design law and CJEU case law on sampling and applied art.
Enforcement in the EU
Jurisdiction in the EU is governed by the Brussels Ia Regulation (EU) No 1215/2012. A defendant can always be sued at its domicile, with effect for all damage. In addition, the courts of the place where the harmful event occurred have jurisdiction; for online infringements, according to CJEU case law, courts in each member state where the content is accessible may hear claims limited to the damage suffered in that state (mosaic approach). German courts are frequently chosen for cross-border cases because preliminary injunctions can be obtained quickly and judgments are recognised throughout the EU without a special procedure. We also advise on service of process abroad, preservation of evidence, recognition and enforcement of judgments, customs seizures and notice-and-takedown procedures, including the reporting mechanisms under the Digital Services Act. More: Copyright infringement Germany.
International licence agreements
Territories, worldwide rights, choice of law and forum, mandatory German remuneration rules and contracts drafted in English: we structure agreements so that they hold up in Germany and abroad. When German authors or performers are involved, foreign licensees should note that a choice of foreign law does not necessarily exclude their statutory claims. See Licensing and contracts.
Arbitration and mediation
For international licence and production agreements, arbitration offers confidentiality, specialised arbitrators and enforcement in the more than 170 contracting states of the New York Convention. We draft arbitration clauses and represent clients in proceedings under the rules of the WIPO Arbitration and Mediation Center or the German Arbitration Institute (DIS), and in mediations.
Rights clearance, due diligence and collecting societies
We check chain of title in catalogue and company acquisitions, support film and music transactions and E&O insurance, and advise on reciprocal agreements between collecting societies, multi-territorial online licences and distributions from abroad.
Cooperation network and languages
We do not maintain our own offices abroad. For proceedings before foreign courts we work with cooperation offices in Vienna, Zurich, London, Taiwan and Paris and networks worldwide, in particular the USA, Canada, South America, Asia (including China and Japan) and Australia. We keep the overall strategy in view, coordinate local counsel, translate legal concepts in both directions and make sure that action in several countries fits together. We also represent clients before the DPMA, EUIPO, EPO and WIPO. We advise in English, French, Spanish, Italian, Portuguese, Russian, Japanese and Korean, and draft contracts, letters and submissions bilingually where required.
Frequently asked questions
Is my work automatically protected worldwide?
In the Berne Convention countries protection arises without registration. The scope and enforceability, however, depend on national law; in the US, for example, registration is practically important for lawsuits and statutory damages.
Can you represent me in court abroad?
Before foreign courts, lawyers admitted in that country appear. We coordinate the proceedings with our cooperation partners and remain your central point of contact.
Can a foreign rights holder sue in Germany?
Yes. Foreign authors generally enjoy the same protection in Germany as German nationals. We act out of court, in summary proceedings and in main proceedings.
Does your matter cross borders?
Tell us about it in English or another of our languages. Call +49 511 35 73 56-0, email info@dieurheberrechtler.de or visit copylawyers.com.
Deutsche Fassung: International