What happens if I do not adhere to legal foundations?

As with any violation of applicable law, there is a risk of sanctions for copyright infringements and violations of other legal rules. In principle, it is irrelevant here whether the infringement of copyright is intentional or unintentional (cf. Bußgeldkatalog 2018). In Germany, such an infringement is only prosecuted on application (unless the matter endangers the public interest). Measures regarding copyright infringement can only be initiated by the infringed parties themselves - i.e. by the authors of the respective work. As a rule, such proceedings begin with an out-of-court warning. If the warned parties do not react, this is usually followed by a legal dispute.

Apart from possible costs, the Copyright Act provides criminal prosecution for attempted or actual "Unauthorised exploitation of copyrighted works" (§106 UrhG).

(1) Anyone who, in cases other than those permitted by law, reproduces, distributes or publicly displays a work or an adaptation or transformation of a work without the consent of the authorised party, will be sentenced to imprisonment for up to three years or to a fine.
(2) The attempt is punishable by law.

If, in addition, it is a matter of commercial distribution, the custodial sentence may even be extended to five years. Depending on the case and judgment, the costs for copyright infringement can therefore be extremely high - especially when there is a court hearing (cf. Bußgeldkatalog 2018).

As the example shows, the legal bases presented in this guide should always be applied and reviewed with the utmost care. In case you do receive a claim for copyright infringement, please contact your employer's legal department. At Justus Liebig University, Section B1 (Department B) (available only in German) is responsible for this. You are only liable as a private individual in exceptional cases and should consult a lawyer.