Definition and concept of television works
Ein Television work is an independent copyright-protected work that is primarily created for broadcast on television. The term is particularly anchored in German copyright law and describes audiovisual productions such as television movies, series, shows, documentaries, or reports that possess an individual creative character. Television works are works within the meaning of § 2 para. 1 no. 6 UrhG and are thus subject to the comprehensive protection of the Copyright Act (UrhG).
Copyright protection of television works
Protection requirements
Television works, like all works under the Copyright Act, enjoy protection if they are personal intellectual creations (§ 2 para. 2 UrhG). The decisive factor is not a specific artistic level, but rather the individuality and expressiveness of the work.
Joint authorship and participation
The production of a television work is generally a collaborative process. Several people contribute creatively to its creation, such as the screenwriter, director, camera operator, or editor. According to § 8 UrhG, if there is joint creative collaboration, joint authorship exists. The joint authors form a community, each of whom is entitled to copyright. The rights of use are usually governed by contractual agreements.
Exploitation rights for television works
Granting and transfer of usage rights
The exclusive and simple usage rights to television works are comprehensively regulated (§§ 15 et seq. UrhG). Of central importance are, in particular, the right of public accessibility (§ 19a UrhG), the broadcasting right (§ 20 UrhG), and the right of reproduction (§ 16 UrhG).
In practice, these rights are often transferred to broadcasting companies, production firms, or collecting societies. The transfer of rights is defined in terms of content, territory, and duration by the contractual agreements between the parties involved.
Special features in film production (special rules for television works)
For film works, and thus also for television works, § 88 UrhG stipulates that the exclusive rights of exploitation by default lie with the film producer. This takes account of the principle of the “fiction of rights transfer” to enable the comprehensive economic exploitation of the work.
Related rights in relation to television works
In addition to copyright protection, the UrhG also provides related rights for other parties involved. This applies, for example, to performers (actors), phonogram producers (in the case of musical contributions), as well as broadcasting organizations. The relevant regulations are found in §§ 73 et seq. UrhG. These rights exist independently of the actual copyright in the work and can be enforced in parallel.
Broadcasting organizations and rights to television works
Protection of the broadcasting organization
According to § 87 UrhG, broadcasting organizations have protection rights to their broadcasts and transmissions. This covers both the initial broadcast and delayed broadcasts as well as subsequent exploitation in other media.
Chain of rights and rights clearance
Clearing the necessary rights is essential for the production and broadcast of television works. Special attention must be paid to the chain of rights, such as in co-productions or when acquiring rights for subsequent forms of exploitation (video streaming, media libraries, international licensing).
Origin and duration of protection
Copyright in television works arises with the creation of the work. The term of protection generally lasts 70 years after the death of the last surviving co-author (§ 64 UrhG). Related rights for performers and producers have an independent—and sometimes shorter—period of protection.
Television work and related terms
Distinction from film work
The term ‘television work’ overlaps with ‘film work’ (§ 2 para. 1 no. 6 UrhG) but is not identical. Whereas a film work encompasses all cinematographic works, a television work specifically refers to audiovisual works produced for television.
International regulations
International agreements such as the Berne Convention and the WIPO Copyright Treaty ensure that television works are protected across borders, with protection standards aligned with the requirements of the respective member state.
Collective rights management and collecting societies
Television works are generally collectively managed by collecting societies such as GEMA, VG Bild-Kunst, or GVL. These institutions assert claims against users and ensure remuneration of authors and contributors.
Practical questions and case law
Quotation right and use of extracts
The quotation right (§ 51 UrhG) allows the use of extracts of a television work for reporting, scientific work, or criticism, provided certain conditions are met.
Obligation to pay remuneration and supplementary remuneration
If several persons are involved in the economic exploitation of a television work, a claim to appropriate remuneration or supplementary remuneration may exist in certain cases (§ 32a UrhG).
Current developments
With the growing importance of media libraries and streaming services, new forms of use are gaining significance. Current case law and legislation are responding to developments such as online-first premieres, digital re-exploitation and new exploitation methods for television works.
Literature, statutory basis and further information
- Copyright Act (UrhG)
- Berne Convention for the Protection of Literary and Artistic Works
- WIPO Copyright Treaty (WCT)
- Federal Court of Justice (BGH): Landmark rulings on film and television works
- Collecting societies: GEMA, VG Bild-Kunst, GVL
Due to the particular complexity of audiovisual works and the large number of contributors, television works occupy a central role in German copyright law. The protection of television works plays a decisive role in safeguarding the creative and economic exploitation of audiovisual productions and in safeguarding the rights of all parties involved.
Frequently Asked Questions
How is rights clearance conducted for a television work?
Rights clearance for a television work involves several stages and is essential for the legally secure use and exploitation of the work. First, rights to all content used (for example, scripts, music, archive footage, visual material) must be clarified. This typically involves contractually securing copyright usage rights from the participating authors, directors, cinematographers, editors, composers, as well as performers. In addition to the authors, neighboring rights of the participating performing artists and contributors (e.g., voice actors, singers) must also be considered if applicable. If there is a framework agreement with a collecting society such as GEMA or VG Bild-Kunst, their terms of use must be observed and license fees paid. In the case of co-productions or commissioned productions, the chain of rights must also be clearly documented to ensure error-free transfer of rights. The clearance is only finally complete when all consents and releases are demonstrably present and all personal and trademark rights of third parties have been considered and, where necessary, also secured.
Which usage rights to a television work can be transferred?
Various types of usage rights may be transferred in relation to television works, depending on the contract and the intended purpose. These include, in particular, the broadcasting right (first broadcast, repeats), the right of public accessibility (e.g., media libraries, streaming services), adaptation rights (for edited versions or adaptations), distribution rights (e.g., on DVD/Blu-ray), as well as rights for commercial exploitation or for re-exploitation abroad (so-called international exploitation right). The transfer of rights is regularly effected by contract, which explicitly specifies the scope, duration, territorial area (territory), and, if applicable, exclusivity or restrictions. It is important to observe mandatory copyright limitations, for example, for unknown types of use, as well as any participation claims such as §§ 32, 32a UrhG (appropriate remuneration, “bestseller clause”).
How is authorship of a television work determined?
The determination of authorship of a television work is based on the provisions of the Copyright Act (§ 7 UrhG). In principle, anyone who makes a personal and creative contribution to the production of the television work is considered to be an author. Television productions usually involve so-called ‘joint authorships’ (§ 8 UrhG), since numerous creative professionals collaborate, including in particular screenwriter(s), director, composer of film music, and, where applicable, cameraman and editor. Anyone who only provides technical or organizational input does not acquire authorship. The individual copyrights must, if necessary, be bundled in complex contracts for further exploitation (aggregation of rights) and unambiguously assigned to specific right holders for exploitation. In case of uncertainty, industry-standard regulations and fees are often relied upon.
Which copyright limitations apply to the exploitation of television works?
Various statutory copyright limitations apply to the exploitation of television works, allowing use even without the explicit consent of the rights holder. These include, in particular, the right of quotation (§ 51 UrhG), the right of public communication in educational institutions (§ 60a et seq. UrhG), reporting on current events (§ 50 UrhG), as well as certain cases of private copying (§ 53 UrhG). Under parodies, caricatures or pastiches according to § 51a UrhG, a television work may also be used under strict conditions. The boundaries of the relevant legal basis and the legitimate interests of the authors as well as appropriate citation of the source are always decisive. In cases of doubt, an individual assessment based on current case law is always recommended.
What legal aspects must be observed for the international exploitation of a television work?
International exploitation of a television work requires compliance with various copyright, related rights, and, if applicable, media law requirements of the target countries. It must be checked in particular whether the existing rights (e.g., broadcasting right, streaming right, dubbing right) have been fully licensed for the territory and whether there are any third-party exploitation rights (e.g., by foreign co-producers, broadcasters, platforms). Also to be observed are international agreements such as the Berne Convention and the regulatory area of EU directives on copyright (e.g., DSM Directive). Differences in the term of protection, rights management by collecting societies, and specifics regarding the enforcement of claims (“copyright vs. authors’ rights” systems) should be explicitly stipulated in international license agreements, and potential liability risks considered.
What role do collecting societies play in the licensing of television works?
Collecting societies play a central role in the licensing and collective rights management of television works and their components, particularly in the area of music (e.g., GEMA for music), but also in the field of visual arts (VG Bild-Kunst) or related rights (GVL). They enter framework agreements with broadcasters, streaming services, and other users to grant the copyright-needed usage rights in return for license fees. Frequently, secondary rights (e.g., for secondary and tertiary exploitation, online use) also pass to the collecting societies. For producers and broadcasters, proper registration of works and payment of the corresponding fees is an essential prerequisite for protection from claims by authors and rights holders.
Who is liable in the case of a copyright infringement during the broadcast of a television work?
In the case of copyright infringements during the broadcast of a television work, the broadcasting station or the responsible production company are considered the primary ‘offenders’. However, contributors who knowingly include content without proper rights clearance (e.g., unlicensed music or archival material) may also be civilly and, if applicable, even criminally liable. Depending on the circumstances, joint and several liability of the parties may arise, especially if the infringement was enabled or not prevented with fault. Particular attention is paid to indemnity clauses, exclusions of liability, and careful due diligence in licensing chains. Claims of the rights holder include injunction, information, damages, and, under certain circumstances, surrender of profits.
