Definition of terms: Printed in the legal context
The term “printed” is used in numerous areas of law and generally refers to the production of texts, images or patterns by printing processes on physical substrates. The legal significance of “printed” extends from labeling law requirements, copyright issues, and regulations in criminal law, public relations, and official publications. The following sections comprehensively examine all relevant legal aspects and the resulting consequences.
Legal definition and distinction
Terminological classification
“Printed” according to common understanding describes the mechanical or electronic reproduction of content onto a substrate, traditionally paper but increasingly also other media. In contrast to handwritten or electronically generated or stored texts, printed material always exists in a physical, visually perceptible, and identically reproduced form. For numerous regulations, the distinction from other forms of text production is crucial.
Printed in the strict sense
- Traditional printing: Among classic printing processes are, for example, relief printing, intaglio printing, offset printing or digital printing, where the text is reproduced mechanically.
- Not considered as printed are usually handwritten copies or content available only in digital form, as long as a specific requirement for printed format exists.
Significance in copyright law
Protection of printed works
Printed works are protected under the Copyright Act, provided they constitute personal intellectual creations (§ 2 Sec. 1 UrhG). A printed state is not strictly necessary for copyright protection but does facilitate proof of priority or of the published content.
Right of reproduction and distribution
The right to reproduce and distribute works in printed form generally belongs to the rights holder (§ 16, § 17 UrhG). Unauthorized printing may constitute a breach of exploitation rights and give rise to claims for injunctive relief and damages.
Exception: Legally permitted copies
In certain cases, e.g., for private use (§ 53 UrhG), making printed copies is permitted, subject to strict limitations regarding scope and purpose.
Public relations and official regulations
Obligations for disclosure
Laws often require that certain information or legal acts be published “in print.” This applies, for example, to official gazettes, daily newspapers, or legal bulletins. The legal effect usually occurs only upon printed publication (e.g., § 10 Act on Promulgation and Announcement).
Business correspondence and mandatory information
In commercial law (§ 37a HGB) and corporate law, there are specific requirements for mandatory information that must appear on printed business letters and communications. These include details such as company name, legal form, registered office, and registration number.
Advertising and labelling obligations
Competition law as well as the German Drug Advertising Act or the Price Indication Ordinance (PAngV) require extensive mandatory information to ensure transparency for end consumers in print materials. This may include imprint information or price details, which must appear in printed form.
Criminal law relevance and regulations
Criminal responsibility
Printed media are treated in a differentiated manner under criminal law. Penal statutes, for example, make the public incitement to commit crimes, incitement to hatred, or defamation punishable if committed through “distributed writings”—which includes printed works according to § 11 Sec. 3 StGB.
Liability of publishers and editors
In the context of press products and book publications, responsibility is often assigned not only to the actual author, but also to the printer, publisher or editor if illegal or unlawful content is distributed in printed form (§ 27 StGB, joint liability).
Particularities concerning probative value
Judicial recognition of printed works as evidence
Printed documents are generally accorded increased probative value in civil proceedings (§ 416 ZPO, private documents). The printed name may suffice for certain legal actions, provided no separate signature is required.
Manipulation and authenticity
The evidential value of printed documents largely depends on their resistance to forgery and authenticity. Special laws governing documents and documentary evidence define the extent to which printed materials are recognized as having probative value.
Historical development
Development since the invention of the printing press
Since the invention of the printing press in the 15th century, printed works have played a special role as carriers of legal information and evidence. Legal texts, official notices, and contracts were traditionally recorded in printed form, which greatly enhanced legal certainty and verifiability.
Changes due to digitalization
In the age of digitalization, the significance of printed works is declining, but they are still required for certain official or legally binding documents. Many legal norms therefore precisely distinguish when the “printed” original is indispensable.
Special provisions in publication and media law
Imprint obligation
Print media are subject to a strict imprint obligation under § 5 TMG and state press laws. The required information must be easily recognizable, directly accessible, and permanently available in the print product.
Archiving obligations
Statutory requirements for archiving (state archival laws, legal deposit of printed works under § 15 Legal Deposit Act) apply to printed media for the purpose of permanent documentation in the public interest.
Summary
The term “printed” holds significant legal importance as an indispensable characteristic of many documents, certificates, and publications. It affects the validity of legal acts, compliance with publication obligations, burden of proof, and liability in many legal fields. Despite ongoing digitalization, the printed work remains essential in numerous normative contexts. Precise knowledge of the relevant legal requirements for printed texts is crucial for the proper fulfillment of legal conditions.
Frequently asked questions
Who holds the copyright usage rights to a printed work?
In Germany, copyright usage rights to a work generally remain with the author unless these rights are expressly transferred by contract, for example, as part of a publishing agreement. Once a work is published as a printed medium, it is legally required that the rights to reproduce, distribute, and, if applicable, make publicly available are clearly regulated. Publishing houses generally receive from authors only those rights necessary for publication and exploitation, while copyright itself remains inalienable. It must always be checked and documented that all required rights and any usage restrictions are complied with to avoid infringement of copyright or exploitation rights. Licenses for specific uses, such as reprinting, must also be specifically regulated.
What labelling obligations apply to printed publications?
For printed works, according to German press law and other relevant regulations, there is an imprint obligation. The imprint must contain information about the responsible persons, in particular the editor, author, or publishing house. In addition, the Copyright Act requires that the author is named to a reasonable extent. Special rules also apply to advertisements, mandatory deposits to the German National Library, or international book numbers (ISBN). Failure to meet these formal requirements may result in sanctions under press law, as well as competition and copyright law.
What are the legal consequences of unauthorized reprinting or reproduction?
Unauthorized reprinting or other reproduction of a printed work regularly constitutes a copyright infringement. Legal consequences range from warnings by rights holders to claims for injunctive relief and damages. In cases of commercial activity or particularly serious cases, criminal consequences may also occur. Repeated or systematic violations can result in significant fines and judicial orders requiring immediate cessation of the infringement. Other parties, such as printers or bookstores, may also, under certain circumstances, be made (jointly) liable.
Is there a requirement to submit legal deposit copies and what are the legal bases for this?
Printed works in Germany are subject to the legal deposit obligation to the German National Library as well as often to regional state libraries. This obligation arises from the Act on the German National Library (DNBG) and relevant state laws. Publishers and self-publishing authors are required to submit one or more copies unsolicited and at their own expense within certain deadlines. Non-submission can be punished as an administrative offense with a fine; the obligation serves the archival documentation of the country’s publishing activity.
What data protection aspects must be observed when printing personal data?
When printing personal data, for example in membership lists, address directories, or biographical works, the requirements of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) must be strictly observed. In particular, it must be checked whether there is a legal basis for publication and whether the data subjects have been informed in compliance with data protection. The rights of the data subjects, for example to information, rectification, or deletion, must be ensured. Violations of data protection can result in significant fines and injunctive claims.
What requirements does competition law place on the design and distribution of printed works?
Competition law, in particular the Act against Unfair Competition (UWG), imposes strict limitations on how printed works may be advertised, designed, and distributed. Misleading statements regarding content, authors, or prices, for example, are not permitted. Violations of the prohibition on tying arrangements, covert advertising, or targeted obstruction of competitors may also be subject to legal sanctions. The rules on fixed book prices must also be observed where published books are concerned. In the event of infringements, competitors or consumer protection associations may assert claims for injunctive relief and damages.
What retention and documentation obligations exist in the creation and distribution of printed works?
Within the scope of accounting and tax record-keeping obligations, legally binding documents—including records for the production, sale, and shipping of printed works—must generally be retained for six to ten years in accordance with the requirements of the German Commercial Code (HGB) and the Fiscal Code (AO). For copyright-relevant documents (e.g., license agreements), long-term archiving is recommended as evidence. If distribution channels via online platforms are used, additional documentation obligations may arise under the Telemedia Act and relevant platform guidelines.
