Film Law

Definition and scope of film law

Das Film law encompasses all legal regulations and frameworks relevant to the production, exploitation, commercialization, and distribution of films. It is not an independent legal field but is composed of various sub-areas, in particular copyright law, contract law, media law, personality rights, and other related legal areas.

Copyright foundations of film law

Protection of film works

A film, as a so-called ‘work of film art’ within the meaning of § 2 para. 1 no. 6 UrhG (Copyright Act), enjoys copyright protection. Not only the finished film work is protected, but also individual artistic and creative contributions (e.g., screenplay, music, set design). Alongside the principal author, the film producer, other co-authors, such as the screenwriter, director, or cinematographer, may be involved in the work.

Ownership of rights and transfer of exploitation rights

In film law, the transfer of exploitation rights plays a central role. The rights to film works are granted to the film manufacturer or producer through contractual agreements in order to enable comprehensive exploitation. The German Copyright Act provides for a special regulation regarding film production (§§ 88 et seq. UrhG), according to which contributors are deemed to grant certain exploitation rights to the film manufacturer unless otherwise agreed.

Limitations of copyright

Film law is limited by statutory restrictions on copyright. The most important limitations include the right to quote, reporting on current events, and uses for educational purposes (§§ 50-53 UrhG). These provisions, under certain conditions, allow the use of film excerpts without a separate license.

Personality rights in film law

Right to one’s image

General personality rights, in particular the ‘right to one’s own image’ (§§ 22, 23 KUG – Art Copyright Act), protect depicted persons from unwanted publication. Filming and later exploitation of the film regularly require the consent of all recognizably depicted persons. Exceptions apply, in particular, to persons of contemporary history or images taken in the context of assemblies.

Additional aspects of personality rights

Other aspects of personality rights, such as the right to honor, data protection, and protection against inappropriate portrayal, may be relevant within film law and must be taken into account during conception, scripting, and publication.

Contract law specifics in film law

Typical film contracts

Within film law, a variety of specific types of contracts are significant. Important contract types include:

• Screenplay contract: Regulates the transfer of rights and remuneration for a film concept.
• Director’s contract: Contains details on the director’s creative participation and transfer of rights.
• Actor contract: Determines restrictions on rights, remuneration and, if applicable, exclusive participation.
• Exploitation contract: Serves to secure and allocate exploitation rights for distribution, e.g., TV, streaming, theatrical release.

The contractual arrangements must regulate all aspects of rights transfer, liability, and remuneration in order to prevent conflicts during exploitation.

Chain contracts and rights clearance

For legally secure exploitation of a film, an unbroken chain of rights (‘chain of title’) is required. All relevant rights—from the development of the material to the finished product—must be contractually clarified and documented in writing. Film funding agencies and distribution partners regularly require proof of rights clearance.

Media and competition law aspects

State Media Treaty and Telemedia Act

For public broadcasting and distribution of films, additional media law provisions apply depending on the exploitation channel (e.g., TV broadcasters, streaming services). The leading statutory bases include the State Media Treaty, the Youth Protection in Media State Treaty, and the Telemedia Act. These rules address, among other things, restrictions on advertising, broadcasting times, labelling obligations, and youth protection.

Competition law and advertising labelling

Competition law (UWG) also plays a role in the context of film law. For example, covert advertising, product placement, or misleading statements in the film or its promotion may be prohibited. Clear and legally compliant labelling is required.

Film funding and collective rights management

Film funding law

The Film Funding Act (FFG) regulates government measures for the support of film productions in Germany. It defines conditions of access, subsidy criteria, and repayment requirements, and has a significant impact on contract formation and the legal organization of projects.

Collecting societies

In the field of film law, collecting societies (e.g., GEMA, VG Bild-Kunst) are significant. They perform collective rights management for authors and performing artists, particularly for music, drawings, and visual works in films, and are responsible for licensing and distributing royalties.

International aspects of film law

International rights clearance and co-productions

International co-productions and exploitation of films abroad require attention to foreign legal systems. Copyright often remains limited to national territory, so rights transfers and licenses must be regulated country-specifically. International co-production contracts therefore include provisions for the distribution of costs, revenues, and rights.

International agreements and protection mechanisms

Agreements such as the Berne Convention or the TRIPS Agreement influence the international recognition of copyright in films and set minimum standards for the protection and remuneration of authors.

Legal enforcement and protection against infringements

Defense against infringements

In the event of unauthorized exploitation of a film work, various legal remedies are available, such as injunctions, claims for damages, or information (§§ 97 et seq. UrhG). Preliminary injunctions for rapid protection against rights infringements are also possible.

Criminal consequences

The unlawful publishing, copying, or distribution of films may also have criminal consequences (§ 106 UrhG and § 201a StGB – unauthorized violation of highly personal realms of life by means of images).

Conclusion

Film law forms a complex intersection of various legal fields and is essential for the development, production, exploitation, and distribution of audiovisual works. Sound knowledge of all relevant provisions is indispensable for legally compliant structuring of film projects to protect the interests of all parties involved—from creative contributors and producers to exploiters. Customs, tax law, and other special regulations may also become relevant depending on the individual case and should always be taken into consideration.

Frequently Asked Questions

Who is considered the author of a film under film law and what rights do they have?

In the context of film law, the creator(s)of the film are generally considered the authorswithin the meaning of the Copyright Act (UrhG). A film work is almost always a so-called work of multiple authorship, that is: The director,screenwriter, cinematographer, editor,and, if applicable, the composerof a score created especially for the film, can all be co-authors.The decisive factor is always the creative contribution to the overall work. These co-authors share the essential rights in the film, in particular the right of reproduction, the right of distribution, the right of making the work available to the public, and the right to be credited. Rights are typically managed via contractual agreements with a film production company to which exploitation is often exclusively assigned in return for payment. There are also special provisions such as the ‘secondary exploitation right’ (§ 88 UrhG), which grants certain rights to producers and broadcasters. Copyright is personal, non-transferable, and closely linked to the work, but exploitation rights can be granted to third parties. It should also be noted that the rights of many involved in production, such as actorsor sound engineers, often comprise only neighboring rights or contractual claims and, as a rule, do not include original copyrights.

The use of third-party works in one’s own film generally requires obtaining the necessary rights (licenses), unless an exception under copyright law (such as the right to quote under § 51 UrhG) applies. Key requirements include that the use of the third-party work is necessary for the film and, if it is a legitimate quote, that the source is correctly cited. For music, permission must be obtained both from the composer (copyright in the composition) and from the respective rights holder in the recording (record producer or label). For images, personality and trademark rights may also be affected and must be taken into account separately. If there is no express consent, injunctive relief and claims for damages may ensue. Exceptions can arise, for instance, in reporting (e.g., under § 50 UrhG) or from freedom of panorama (§ 59 UrhG), but these are subject to strict conditions. Any infringement in film law can result in significant legal and financial consequences. Careful clearance of rights is therefore essential.

What must be considered regarding the use of personality rights (right to one’s image/name)?

Filming and publishing images of people in Germany are subject to strict data protection and personality rights regulations. Pursuant to § 22 KunstUrhG, images may only be distributed or publicly displayed with the consent of the depicted person (‘right to one’s own image’). There are only a few exceptions, for example, images relating to contemporary history, images of assemblies, provided the individual only appears incidentally, or if there is an overriding public interest in the publication. The same applies to naming (‘right to a name’, § 12 BGB). For minors or protected groups (e.g., people in intimate private spheres), special sensitivity and consents are required. Without consent, the depicted person may take civil and, in some cases, criminal action against publication, in addition to civil claims such as injunctions or damages.

What legal requirements apply to film productions in public spaces (e.g. street scenes, shots of architecture)?

Filming in public spaces is generally permitted, though various legal spheres must be observed, especially personality rights, the right to privacy, and, where applicable, property rights. For filming on private property, the owner’s filming permit must be obtained. The freedom of panorama (§ 59 UrhG) allows filming and distribution of copyright-protected works (e.g., modern architecture, sculptures) that are permanently located in public spaces from public paths, streets, or squares. However, this freedom does not apply if aids such as drones, ladders, or telephoto lenses are used to provide a non-generally accessible perspective. Local filming permits and traffic regulations must also be observed. Showing uninvolved third parties raises data protection issues and should be avoided where possible or anonymized afterwards.

What are the risks in producing remakes or adaptations of existing films, books, or series?

Remakes, adaptations, or new versions of existing sources constitute relevant adaptations under copyright law and absolutely require permission from the original author(s) or rights holder(§ 23 UrhG). This applies both to the film itself and to screenplays, novels, or characters. Without permission, broad-ranging injunction and damage claims may follow. Even formal changes (such as reinterpretations of a novel) or translations count as adaptations. It must also be checked whether any protection periods for the original work have already expired (as a rule: 70 years after the author’s death), since adaptations within this period are not permitted without consent. For works from abroad, international conventions (such as the Berne Convention) and foreign law may also apply.

and other contributors have—particularly with regard to neighboring rights?

Actorsand other participating artists(e.g. musicians) are entitled to so-called neighboring rights pursuant to §§ 73 et seq. UrhG. These include, among others, the right to decide about the public performance and reproduction of their performance as well as the right to be credited and the right to protection against derogatory modification. These rights are usually transferred to the production company through contractual agreements, with appropriate remuneration required. Even after the transfer of rights, so-called moral rights (in particular the right to recognition of authorship and to protection against derogatory modifications) remain. In the case of broadcasting or publication of the film, claims for participation in remuneration via collecting societies (e.g., GVL for musicians and actors) may also exist. Special rules also apply under the Act on Artists’ Social Insurance and employment law.

What statutory provisions apply regarding age ratings and youth protection when publishing films?

Film productions and their public screening or distribution in Germany are subject to the Youth Protection Act (JuSchG) and the regulations of the Voluntary Self-Regulation of the Film Industry (FSK). Every film that is shown or distributed publicly must be given an age rating unless it is obviously intended exclusively for adults or is specifically not suitable for children. Violations of the regulations on age ratings (e.g., broadcasting of films not approved for young people in freely accessible areas or on the internet) can lead to significant fines and criminal consequences. In addition, there are special requirements for advertising, trailers, and merchandising products. Further youth protection provisions—especially online—result from the Youth Media Protection State Treaty (JMStV). For cross-border distribution of films, the respective national regulations must also be complied with.