Media

“Content is King!” – the truth of that slogan is steadily making itself increasingly clear. Initially, the focus in the Internet was on developing its technical infrastructure, but the significance of its actual content is meanwhile growing at a tremendous rate. This applies both to the exploitation of conventional works through the Internet – such as photos, music and videos – as well as to “user-generated content” on Web 2.0. It is also reflected in the huge number of cases ending up in court that involve infringement of copyright in the Internet, or publication on the Web of facts and opinions that are restricted by law.

The ease with which research can be done in the Internet means that infringements of rights rarely remain undetected. So to ensure that anything you post on the Internet complies with statutory regulations, it is essential to verify beforehand whether providing that particular content is in fact permissible. We can give you advice on rights clearance and on obtaining a content license where necessary, including how to comply with open content licenses and other models permitting usage.

Technical innovations are constantly creating new ways of using content: online video recorders, Internet picture searches and Web-based assessment platforms are just a few examples. Frequently it takes a legal analysis to decide whether new business models along these lines are workable. We can advise you on the legal scope that is available under copyright law, data protection regulations and legislation on freedom of expression.

Whilst your own content can be checked to make sure it is legal before being posted on the Internet, Web 2.0 platforms are generally built on external content that can be provided without undergoing a legal review first of all. In this whole new area that has developed, a number of contradictory rulings have been issued by courts of law, making life difficult for many operators of platforms with user-generated content. Currently, the responsibility borne by an operator depends on numerous factors, making it hard to make any assessment that has universal validity. With our wide experience in liability cases and by assisting with negotiations, we can help you to defend your content against claims lacking justification. And if any claims filed against you do turn out to be well-founded, we can advise you on whether the ruling on costs is fair and on the legal possibilities for taking further action.