Copyright in the Digital World: Protection for Videos, Images, and Creative Content
Copyright forms the basis for protecting intellectual property such as films, mobile videos, images, music, and other creative works. It grants creators the exclusive right to control the use, exploitation, and publication of their works. Especially in the age of smartphones and social media, where content is quickly created, shared, and distributed, copyright is of central importance. It protects not only the economic interests of the holders but also the personal bond of the creator to their work.
Central Rights and Protection Mechanisms in Copyright
Among the most important rights granted by copyright are the rights of reproduction, distribution, and public performance of works. Additionally, copyright regulates the transfer and granting of usage rights, allowing creators to decide who may use their videos, images, or films—whether privately, editorially, or commercially. The so-called moral rights also protect against distortion or unwanted alteration of the work and secure recognition of the creator’s authorship.
Copyright in Practice: Social Media, Smartphones, and Legally Secure Handling
In everyday life, and especially when producing mobile videos and films with smartphones, it is important to know the basic rules of copyright. Those creating their own content should inform themselves early about the possibilities of exploitation and the transfer of usage rights. It is equally important to avoid common mistakes, such as unauthorized use of others’ works or disregarding moral rights. Especially on social media, where videos and images are often shared with just a few clicks, the risk of copyright infringement is high.
To avoid copyright infringements, it is advisable to clearly label your own works, for example with a copyright notice, and always obtain the necessary licenses or permissions when using third-party content. Affiliate links and other methods can also help uphold creators’ rights and make the exploitation transparent.
Anyone active as a creator or exploiter of works should regularly keep informed about current information, regulations, and tips relating to copyright. This helps not only to avoid legal pitfalls but also to effectively protect one’s own rights and intellectual property.
Recordings Protected by Copyright – LG Frankfurt – 2-06 O 299/24
Many events are recorded by video on mobile phones. The Regional Court of Frankfurt ruled on May 16, 2025 (Case No. 2-06 O 299/24) that video recordings made with mobile phones or smartphones are subject to copyright and are accordingly protected under copyright law.
Copyright is a classical area of industrial property protection. According to § 2 of the Copyright Act (UrhG), music, films, photographs, literary works, works of visual arts, and other works can be protected by copyright. However, the protection of copyright for video recordings made with mobile phones was less clearly regulated. The Regional Court of Frankfurt has now determined that although mobile phone recordings do not constitute a film, they do fall under the category of so-called moving images and are protected by copyright. The exclusive usage rights to these recordings can be transferred, according to the law firm MTR Legal Rechtsanwälte, which also advises on copyright and other industrial property law topics.
Private Individual Films Flood with Smartphone
In the underlying case before the Regional Court of Frankfurt, a private individual recorded a flood in a municipality in Baden-Württemberg using their smartphone. Among other things, they recorded a noise barrier collapsing under the pressure of the water masses. On the same day of the recording, the creator of this video transferred the exclusive usage rights of the recordings to a news agency.
The next day, another media company offered still images from this video via a newsletter and on its website in exchange for a fee. The news agency viewed this as a violation of its usage rights and sued for injunction and damages.
Exclusive Usage Rights Transferred
The lawsuit was successful at the Regional Court of Frankfurt. After witness hearings, the court was convinced that the person who filmed the flood had exclusively transferred the usage rights of the video to the news agency. Therefore, the news agency was entitled to an injunction preventing the distribution of still images from the video and was also entitled to damages.
The mobile video documented the event in real-time, without editing, staging, or directorial work. Although it did not meet the requirements of a classical film work due to lacking the necessary level of creativity, the court reasoned it still fell under the category of so-called moving images—meaning a sequence of images and sounds without film character—and is protected by copyright. According to § 95 of the Copyright Act, such moving images are also entitled to copyright protection.
Moving Images Also Enjoy Copyright Protection
As with traditional works, usage rights to such moving images can be transferred to third parties. In this case, the exclusive usage rights were transferred to the news agency, meaning only they were allowed to exploit the recordings. Since the defendant media company used the still images without the agency’s consent, they violated its rights, according to the Frankfurt Regional Court.
The Frankfurt Regional Court also pointed out that a prior publication of the recordings on social networks does not necessarily exclude a later effective exclusive transfer of rights. Even after sharing content on social media, the author can still grant exclusive usage rights to a third party, the court stated. Such public accessibility does not per se result in the loss of exclusive rights.
Clarifying Copyright and Usage Rights
The Frankfurt Regional Court’s ruling shows that even spontaneous mobile phone videos can be protected by copyright. The person recording the event is usually the author and can decide on the exploitation. This grants them rights including reproduction, distribution, public accessibility, etc.
Anyone wishing to use such a video, for example editorially or commercially, needs the consent of the rights holder or an appropriate license. If permission is not obtained, cease and desist and damages claims are possible. According to the ruling, permission is also required for the use of individual frames.
Especially in the digital age with social media and rapid dissemination channels, the Frankfurt Regional Court’s decision is highly relevant. Copyright and usage rights must be clarified when material such as a mobile phone video is to be used.
MTR Legal Attorneys advise on copyright and other topics of industrial property protection.
Feel free to contact us.
