Copyright Protection of Mobile Phone Videos: New Standards Set by the Frankfurt am Main Regional Court
On June 6, 2025, the Regional Court of Frankfurt am Main (Case No.: 2-06 O 299/24) issued a landmark decision regarding copyright protection for mobile phone videos. The case illustrates that even seemingly simple and everyday video recordings, as made daily with mobile devices, are not automatically excluded from the scope of copyright law. The court emphasized that eligibility for protection is not dependent on the use of professional techniques or artistic intent.
Background of the Proceedings
At the center of the legal dispute was the unauthorized use of a privately recorded mobile phone video on the online presence of a media company. The video showed an everyday scene and was produced without significant technical or artistic effort. The plaintiff, who recorded the video, sought an injunction against further use as well as payment of appropriate compensation. The opposing party argued that it was merely a “snapshot” lacking the required degree of creativity necessary for copyright protection.
Copyright Assessment of Everyday Videos
Standard of “individual intellectual creation”
The Regional Court clarified that the requirement for so-called “individual intellectual creation” as set out in Section 2 (2) of the German Copyright Act does not require works to meet a specific artistic or technical standard. Rather, any expression of the creator’s individuality is sufficient, even for recordings without special equipment or sophisticated post-processing. What matters is whether a personal choice, design, or perspective is recognizable. The decision confirms that for cinematographic works – which generally include videos made with mobile devices – the threshold for a sufficient level of creativity within the meaning of the Copyright Act is considered relatively low.
Distinction from Purely Technically Generated Content
The court further distinguished between automatically generated content (such as video sequences created without human influence) and those in which at least minimal personal decisions regarding the frame, choice of subject, or duration were made. Even simple actions such as deliberately triggering the recording and consciously selecting a subject can establish copyright protection.
Significance for the Practice of Media Usage
Liability When Using Third-party Content
For companies and private individuals who use third-party content, this is of significant relevance. It is not sufficient to treat a video as public domain simply due to its apparent lack of professionalism. Any use without prior approval from the rights holder may give rise to claims for injunctive relief, information, and damages. Furthermore, there may be additional claims for information to determine the distribution and reach of the content.
Licensing and Remuneration Models
Whether for journalistic articles, marketing campaigns, or social media activities – obtaining the necessary rights remains fundamentally required. In the absence of explicit consent from the author, publication or further distribution may constitute an infringement. A lump-sum or individually calculated remuneration may become due, depending on various factors such as reach and type of use.
Legal Framework and Liability Risks
Limits and Exceptions to Copyright Law
Although copyright law provides for certain limitations, such as quotations, reporting on current events, or private use, these exceptions are to be interpreted narrowly and do not apply in every case. In particular, public accessibility via internet platforms is one of the main fields of application for copyright claims for injunctive relief.
Personal Rights and Joint Authorship
Beyond the right of exploitation itself, the personal rights of depicted individuals may also be affected. Additionally, it should be noted that when videos are made and used with multiple contributors (for example, in interviews or group scenes), so-called joint authorship may arise, the legal consequences of which may require further clarification.
Implications for Companies and Private Individuals
The decision of the Frankfurt am Main Regional Court increases legal certainty regarding the classification of mobile phone videos as protectable cinematographic works under the German Copyright Act. The judgment points out that companies and private individuals should exercise particular care when using video recordings on digital platforms. However, distinguishing between a work protected by copyright and a public domain recording remains subject to detailed examination in individual cases.
Note on the Current Legal Situation
It must be considered that proceedings in the field of copyright law are regularly subject to individual case assessment and that decisions may vary depending on the facts. The principles presented here reflect the current considerations of the Regional Court of Frankfurt am Main in case no.: 2-06 O 299/24 (Status: 06.06.2025).
If you have questions regarding the use or protection of your own or third-party video recordings in digital or analog media, the Rechtsanwalt team of MTR Legal is happy to assist you. The team provides competent advice to companies, investors, and high-net-worth individuals on all legal matters concerning copyright as well as adjacent areas of law.
