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Using another person’s photograph, video or text may lead to injunction and payment claims. Software and music involve different rights and licensing models.

What we examine

  • Identify the protected material, authorship and chain of title.
  • Compare the licence scope, duration, platforms, alterations and credit requirements with the actual use.
  • Review damages and legal fees separately. Statutory limits apply only where their specific requirements are met.

Key legal considerations

An image-licence invoice does not prove permission for every intended use. Conversely, not every similarity amounts to protected copying. File-sharing cases require separate examination of detection, connection attribution and responsibility; being the connection subscriber does not resolve every liability issue.

Illustrative practical example

An agency reuses a stock photograph from an earlier project in a new campaign. The review checks whether the licensee, campaign and paid advertising use are covered.

Documents for the review

Original files, the licence terms at purchase, invoices, agency agreements and publication locations and periods.

Advice and next steps

horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.

First steps · Undertakings · Court proceedings

Legal source: Official legislation. The assessment depends on the individual case.

Related guidance

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