Free usage rights to club logos: Implications upon termination of authorship
The Higher Regional Court of Frankfurt am Main, in a landmark decision (judgment dated 04.07.2023, Ref. 11 U 6/22), examined the scope of copyright usage rights for a club logo and clarified fundamental questions surrounding their link to the membership of the creative author. The following analysis explains the legal background, structural specifics in the club context, and resulting implications for practical club operations.
Significance of copyright usage rights to club logos
Creative achievement and copyright protection
Designs such as club logos may be protected as works of applied art under copyright law, provided they constitute an original intellectual creation within the meaning of Section 2(1) No. 4 of the UrhG. The creation of a club logo by a member usually establishes copyrights in this sign. Copyright includes both the exclusive right to use and the right to transfer or grant usage rights to third parties.
Scope and transferability of usage rights
In the context of club work, it is common for members to contribute creative works for use by the club. This becomes particularly significant in cases of disputes over whether, and to what extent, the club may continue to use the work if the club member who created it leaves the club or the membership is otherwise terminated.
Decision of the Higher Regional Court of Frankfurt and its significance
Facts and course of proceedings
In the case at hand, a club member designed the official logo for the club. After the membership ended, the person asserted that upon termination of the membership, the club’s rights to use the logo would also end. They demanded cessation of any further use of the work.
The lower court initially ruled in favor of the creator, but on appeal, the case went before the Higher Regional Court of Frankfurt. There, it was decided that by making the logo available for club use, a simple usage right was granted, which does not expire upon termination of club membership.
Evaluation and legal classification
The court clarified that a work created by a member – unless other contractual provisions exist – can be made available to the club for permanent use. The granting of a simple usage right thus includes permission to use the work irrespective of the continued membership of the author in the club. Mere termination of membership does not constitute grounds for the expiry of the granted usage right.
This finding is particularly based on the purpose of clubs: creative activities are often undertaken for and in the interest of the club’s long-term operation. It would be incompatible with the practical functioning of a club if, with every personnel change, the basis for using central elements of club identity – such as logos – were to disappear.
Specific considerations in structuring usage rights in the club context
Lack of explicit agreements
In many cases, there are no written or clearly documented agreements as to the type and scope of usage rights for creative works. In such cases, the presumed intent of the parties at the time of creation and transfer of the work is decisive. The Higher Regional Court of Frankfurt emphasizes that, based on the purpose of the transfer and other circumstances, it can generally be inferred that a simple usage right was granted to the club.
Right of revocation and revocability
A revocation of the granted usage rights is generally only possible under narrow conditions, for example, in cases of unreasonable circumstances pursuant to Section 42 UrhG. This was not the case in the matter at hand; in particular, no compelling reason for withdrawing the usage right granted to the club was asserted.
Implications for club operations and legal relations
Legal certainty for clubs
The decision strengthens legal certainty for registered clubs and comparable organizations. Where usage rights are transferred in the usual manner for creative works such as logos, they can assume that these rights remain available even after personnel changes, ensuring continuity of external representation.
Significance for authors
For authors of club logos—whether members or external parties—it must be considered that transferring the logo to the club generally entails granting usage rights on a permanent basis. Anyone wishing to impose different restrictions should set these out clearly and unambiguously in a contract.
Clear agreements as a solution
For legal reasons, proactive documentation and structuring of the transfer of rights is recommended. In the absence of an explicit written agreement, interpretation is guided by the circumstances, presumed intentions, and established practices in club life.
Conclusion and outlook
The jurisprudence of the Higher Regional Court of Frankfurt am Main provides stability in the handling of copyright usage rights to club logos. Usage rights once materially granted remain in force even after the relevant membership ends, unless expressly agreed otherwise. This creates both a practical and legally secure foundation for the organizational and creative development of clubs.
For further or more specific questions regarding the transfer and use of copyright-protected signs and works in the club context, the Rechtsanwalt of MTR Legal is at your disposal.
