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.