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The new Copyright Service Provider Act in Germany

Published on December 7, 2021 by Gowling WLG

The new Copyright Service Provider Act in Germany

Many online platforms would not exist without user generated content (UGC) or their content would be much more manageable. And it has become much more.

It is an integral part of the marketing strategy of numerous companies. They are increasingly calling on their customers – instead, or in addition to, paid Influencers – to upload photos and videos of themselves and the products directly to the company’s website, or the companies themselves share the UGC via their social media channels. Not seldom combined with a competition, drawing many private users to participate with creative UGC.

BUT what if they use freely available but not freely usable content, such as music pieces or pictures for background? Who is liable for these copyright infringements?

Summarised: Companies using UGC are required to carefully check all UGC for any copyright infringement before they activate it on their website or share it via their social media channels, otherwise they will be liable to a perpetrator.

Our article, first published in German by the Intellectual Property Magazine, outlines the details. For more information, or if you have any questions related to copyright (infringement) and/or user generated content, reach out to our team.

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Gowling WLG is an international law firm operating across an array of different sectors and services. Our LoupedIn blog aims to give readers industry insight, technical knowledge and thoughtful observations on the legal landscape and beyond.

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Gowling WLG

Gowling WLG is an international law firm operating across an array of different sectors and services. Our LoupedIn blog aims to give readers industry insight, technical knowledge and thoughtful observations on the legal landscape and beyond.

Filed Under: Analysis, Intellectual Property Tagged With: Copyright, Germany, Intellectual Property, Social media, User-created content (UCC), User-generated content (UGC)

Views expressed in this blog do not necessarily reflect those of Gowling WLG.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

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LoupedIn is the Official Gowling WLG Blog. Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients. Our structure is explained in more detail on our Legal Information page.

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