{"id":20627,"date":"2023-04-18T11:07:44","date_gmt":"2023-04-18T09:07:44","guid":{"rendered":"https:\/\/www.teamnext.de\/blog\/proactive-duty-to-provide-information-pursuant-to-section-32d-of-the-copyright-act-what-you-need-to-know-now\/"},"modified":"2023-11-30T14:37:03","modified_gmt":"2023-11-30T13:37:03","slug":"proactive-duty-to-provide-info-pursuant-to-the-german-copyright-act","status":"publish","type":"post","link":"https:\/\/www.teamnext.de\/en\/blog\/proactive-duty-to-provide-info-pursuant-to-the-german-copyright-act\/","title":{"rendered":"Proactive duty to provide information pursuant to Section 32d of the German Copyright Act"},"content":{"rendered":"
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Proactive duty to provide information pursuant to Section 32d of the German Copyright Act<\/h1>\n

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Reading time:<\/span> 7<\/span> minutes<\/span><\/span>\n<\/div><\/section>
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Table of contents<\/strong><\/p>\n<\/div><\/section>
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If your company resides in Germany and uses media that comes from photographers, designers, filmmakers, etc. with whom you have a direct contractual relationship<\/strong>, then you should already make a note of June 7, 2023<\/strong>. Why?<\/p>\n

A recast of section 32d of the German Copyright Act<\/a><\/strong> (Urhebergesetz) stipulates that clients of authors must provide them with information about the extent of use of their works at least once a year<\/strong>. For old contracts, this must be done for the first time on the specified date.<\/p>\n

Background: Previously, authors could request this information on demand. Now it becomes a proactive duty to provide information<\/strong>.<\/p>\n

Contractors who fail to comply with this obligation face legal action and reputational damage.<\/p>\n

Everything you need to know and do now to be protected from negative legal consequences, we have summarized for you in this blog article.<\/p>\n<\/div><\/section>
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Which works are affected by the regulation?<\/h2>\n<\/div><\/section>
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Two conditions must be met:<\/p>\n

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  1. First of all, a work must have the required threshold of originality<\/a>, <\/strong>i.e. a certain individuality or style must be recognizable.<\/li>\n
  2. The use of the work must be regulated in a paid contract<\/strong> with the author.<\/li>\n<\/ol>\n

    There are no restrictions on the medial form. The regulation applies to all media<\/a>, so for example:<\/p>\n