Photograph copyright (Germany)

In Germany, copyright law (Urheberrechtsgesetz or UrhG) governs the protection of photographs. This includes both " Lichtbilder" (simple photographs) and "Lichtbildwerke" (photographic works of art), although the duration and specific requirements for protection differ slightly.

Lichtbilder (Simple Photographs): These are ordinary photographs that do not reach the level of originality required for artistic works. They receive a shorter term of protection, namely 50 years from the date of publication or, if unpublished, 50 years from the date of creation. The creator of the photograph, typically the photographer, holds the copyright.

Lichtbildwerke (Photographic Works of Art): These are photographs considered to be artistic works because they display a sufficient degree of personal intellectual creation. This requires a level of aesthetic or creative expression beyond mere documentation. If a photograph qualifies as a Lichtbildwerk, it is protected under the general copyright term: 70 years after the death of the author (the photographer).

Key Considerations:

• Originality: The level of originality required for Lichtbildwerke is a matter of legal interpretation and case law. The photograph must reflect the photographer's personal intellectual creation.
• Authorship: Copyright vests initially in the photographer who created the image. Transfer of copyright requires a written agreement.
• Rights: Copyright grants the photographer exclusive rights to reproduce, distribute, publicly display, and adapt the photograph.
• Fair Use (Schrankenbestimmungen): German copyright law contains limitations and exceptions to copyright, akin to fair use in other jurisdictions. These limitations allow for certain uses without the copyright holder's permission, such as for quotation, criticism, news reporting, and private use, within specific legal boundaries.
• Moral Rights (Urheberpersönlichkeitsrechte): The photographer also has moral rights, including the right to be identified as the author of the work and the right to prevent distortions or alterations of the work that would prejudice their legitimate artistic or personal interests. These rights are generally inalienable.
• Enforcement: Copyright infringement can lead to legal action, including claims for injunctive relief, damages, and attorney's fees.
• Orphan Works: German law addresses the issue of orphan works (works whose copyright holder cannot be identified or located) under certain conditions.
• Licensing: Photographers often license their work through various mechanisms, including traditional rights management organizations or Creative Commons licenses.

It is crucial to consult with legal professionals specializing in German copyright law for specific advice regarding the copyright of photographs in Germany.