Copyright · § 13 UrhG
Enforcing Your Right to Attribution Under Section 13 UrhG
Your song, your photo, your direction, your design—your name belongs there. If it’s missing, it’s not an oversight—it’s a copyright infringement. We’ll ensure you’re credited and get you what you’re entitled to.
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Recent Ruling · Cologne Regional Court 2025
Co-director simply left out—the court rules in his favor
When the Netflix reality show “Kaulitz & Kaulitz” was nominated for the 2025 German Television Award, the website listed only two directors—though it referred to a “directing duo.” The third director, Pablo Ben Yakov, was missing. The Cologne Regional Court ruled that this constituted a violation of Section 13, sentence 1 of the German Copyright Act (UrhG) (Judgment of Sept. 9, 2025, Case No. 14 O 294/25).
Two points make this ruling important for you: Even the mere omission of a co-author can constitute a denial of authorship. And it does not matter whether your work was actually used at all—not a single clip from the series was shown on the award website. Section 13 still applies; otherwise, your moral rights as an author would be undermined.
Here's what that means for you: Anyone who omits you from your work is infringing on your rights—even if they don't directly display your work at all.
Your Rights
What Section 13 of the German Copyright Act (UrhG) Guarantees You
Section 13 is one of the shortest but most stringent provisions of copyright law: a single sentence—and within it, two guarantees that no one may simply disregard.
Recognition of Your Authorship
No one may dispute your work or claim to be its creator. This core aspect of your right is indispensable—it cannot be waived, not even inadvertently in the fine print.
You decide whether and how
Whether it’s a real name, stage name, pseudonym, or artist’s symbol—and in what capacity (composition, direction, photography, translation, adaptation). Important: A © symbol identifies the rights holder, not necessarily you as the author. It does not replace your name.
Attorney
Juliette Sarvan de Castro
Attorney
Patrick Rehkatsch
“Experienced. Strategic. Assertive. We solve your legal challenges.”
Specifically for You
Your Industry, Your Case
Section 13 may sound abstract—but in our clients’ everyday lives, it is very concrete. Here are six scenarios we encounter time and again:
Film, TV & Directing
Opening and closing credits, festival and award nominations. Co-directors and co-writers count as well. Even a mention on the DVD packaging alone isn't enough—it belongs in the credits.
Musik & Producing
Feature credits, producer tags, liner notes, streaming metadata. Anyone who co-writes or co-produces a track has the right to be credited—a so-called “industry standard” does not automatically override that right.
Photos
Your name must appear next to the image—every time it's viewed online. A collective list at the bottom of the page or a name that only appears when you hover over it isn't enough. If your name isn't listed, you'll get extra money.
Design & Applied Arts
From logos to fashion illustrations: If the name doesn't fit on the product, it belongs in the accompanying materials or the brochure. Courts have already awarded full compensation in such cases due to the failure to include the name.
Influencer, Creator & UGC
Reposting without credit, using others' content without attribution, or sharing your own content without you: Section 13 protects both sides—your right to be credited and your obligation to properly credit others.
Agencies, Labels, and Rights Holders
The Other Side: To what extent can you restrict the right to mention a company in a contract? A blanket waiver in the terms and conditions is invalid. We draft clauses that will hold up in court.
Act Now
Is your name missing from your work?
During a no-obligation initial consultation, we'll review your specific case—without legal jargon and without any time pressure. We'll tell you clearly what's possible.
The Principle
Do I have to be credited every time it's used?
In principle: yes. Case law and prevailing legal opinion hold that you must be credited whenever your work is used—whether in analog or digital form. The Federal Court of Justice recognized this early on with regard to the right to be credited.
The key is that the credit clearly identifies you as the creator of the work and is clearly visible. If it’s too small, too hidden, or disappears too quickly on the screen—that’s not enough. For photos online, your name must appear where the image is displayed, not somewhere at the bottom of the page. Where attribution is only possible electronically, it must be provided electronically.
The Exceptions
When, as an exception, may the citation be omitted?
There are exceptions—but they are more limited than rights holders often claim.
Waiver in Individual Cases
It’s possible—for example, in the case of ghostwriting. However, the core of your right remains indispensable. A general, permanent waiver is invalid—and this is especially true in relationships of dependency (e.g., as a research assistant).
Industry Exercise
Only if she actually lived and was known to you—the burden of proof lies with the user. A “custom” that circumvents the law is, legally speaking, nothing more than a bad practice. And anyone who uses your work without permission cannot invoke any such custom at all.
Traps in Terms and Conditions
Clauses such as “the absence of a copyright notice does not give rise to any claims” are invalid—as are provisions excluding damages or reversing the burden of proof. Anyone who uses such clauses is on shaky ground.
Your Requirements
Not listed - what can you do?
If your name is missing, you have more than just a moral claim. You can demand that the omission be rectified, that the content be removed, and that damages be paid.
Particularly relevant: In the case of photographs, established case law regularly grants a 100% surcharge on the usual fee because the lack of attribution causes you to lose follow-up commissions—a genuine financial loss (as held by the Federal Court of Justice, among others, in the decisions “Motorcycle Parts” and “Photo of a Sports Car”). Similar surcharges have also been awarded for fashion illustrations, texts, and works of applied art. If someone is even incorrectly named as the author, this often carries even greater weight.
The exact amount of your claim depends on the specific circumstances—the work, its use, and its reach. That’s exactly what we’ll go over with you during our initial consultation.
→ Learn more about damages under Section 97 of the German Copyright Act (UrhG)
Your team for questions regarding right of reply
Attorney
Juliette Sarvan de Castro
Attorney
Patrick Rehkatsch
"Experienced. Strategic. Assertive.
We solve your legal challenges."
Attorney
Juliette Sarvan de Castro
Attorney
Patrick Rehkatsch
Your team for enforcing
right of reply.
Frequently Asked Questions About Attribution
Yes. Even omitting a co-author can constitute a denial of authorship—which is precisely what the Cologne Regional Court ruled in 2025 in the “Kaulitz” case.
No. The © symbol generally identifies the rights holder, not necessarily you as the author. It does not replace your attribution—especially when multiple people are involved.
In principle, yes—directly next to the image and every time it is viewed. A name that appears only in a list at the bottom of the page or only when the mouse hovers over it is not sufficient under case law.
In certain cases, yes—for example, with ghostwriting. However, a blanket, permanent waiver is invalid—as are any such clauses in terms and conditions. You always retain the core of your rights.
If no fee is specified—especially in the case of photos—a surcharge of 100% on top of the standard fee is often applied. The exact amount depends on the specific circumstances, and we will determine it on a case-by-case basis.
Yes. Public performance of the work is not a prerequisite. In 2025, the Regional Court of Cologne expressly confirmed that Section 13 applies even without a public performance of the work.