In the digital realm, content knows no boundaries – but the law does. This makes the decision of the Hamburg Regional Court (judgment of July 19, 2024, file no. 310 S 5/23), which addressed the question of when German copyright law applies to content from international media offerings, all the more important. The case: A photographer sued Deutsche Welle for using his photo – without attribution and without a license.
Deutsche Welle's defense: As an international broadcaster, they target an international audience – therefore, German copyright law should not apply.
The Hamburg Regional Court clearly rejected this argument.
Domestic Connection as a Connecting Factor
The central legal question was whether a domestic connection existed that would lead to the application of German copyright law. Deutsche Welle argued for the purely international nature of its offering. However, the court determined:
Even if an online offering is primarily designed for foreign audiences, a domestic connection can exist if certain criteria are met.
Specifically, these include:
- content is available in German,
- it is published under a .de domain,
- the provider is based in Germany.
These characteristics were present in the decided case. The court therefore agreed with the assessment that a sufficient domestic connection existed – and thus German copyright law also applied.
Strengthening Creators' Rights
For creatives – especially photographers, whose works often circulate online without permission – the judgment is significant in several respects:
- The lack of attribution was penalized with a 100% surcharge on the hypothetical license fee.
- Crucial for determining damages was the photographer's documented licensing practice – not, for instance, an outdated commission value from 2005.
- And: The mere existence of a press kit did not relieve the user (here: Deutsche Welle) of the obligation to carefully clarify rights.
Why the Judgment Has Broader Implications
The Hamburg Regional Court's judgment sends a clear signal in the increasingly cross-border media world: The mere reach of an offering cannot circumvent copyright protection. What is crucial is whether the offering is also available in Germany in a way that establishes a domestic connection.
Especially in times of global content distribution, this is an important protective mechanism for creators based in Germany. The decision strengthens the rights of creatives and sends a clear message to professional content users – from media houses to PR agencies:
Rights clearance and author attribution are not optional, but a legal obligation.
Conclusion
The ruling shows that creators can successfully take action even against international media providers – provided there is a domestic nexus. The Hamburg Regional Court has defined the criteria for this in a practical manner. For users of images and other protected works, this means: international reach does not protect against national law.
A detailed discussion of the HUFELD ruling can be found in GRUR-Prax (2025, 502).
We would be happy to advise you on copyright issues concerning online publications, international usage scenarios, and rights clearance – please feel free to contact us.
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