Rehkatsch Attorneys at Law | Cologne & Berlin
Labor Law for the Creative and Media Industries
Film production, music, fashion, sports, influencers, startups, and e-commerce—we know your industry and the contracts that are actually used in it.
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Boutique Law Firm · Specialized
People who work in creative fields are subject to special labor laws
In creative, sports, and digital companies, employment law is rarely straightforward. It’s intertwined with project-based work, with the constant question of “freelancer or employee?” and with the question of who actually owns the creative output in the end. It is precisely this complex web that has been our specialty—for over two decades.
As a boutique law firm, we don’t advise everyone on everything; instead, we focus on a clearly defined world in all its depth: film productions and their various trades, music labels, fashion companies, photographers, sports clubs, influencer management, startups, and e-commerce brands. If you’re in one of these industries, you don’t need to explain anything to us—we draft contracts and resolve disputes that fit your reality, not some off-the-shelf template.
The difference is in the details. A general employment law firm sees an employment contract. We see that behind a “camera operator for three days of filming” lies a project-based fixed-term contract that requires a valid reason; that behind the employed designer lies the question of whether the company clearly holds the rights to use her designs; and that behind a creator’s “freelance” social media editor, there may in fact be an employment relationship subject to the employer’s instructions. We don’t learn these nuances from textbooks, but from our daily practice.
Two questions that come up again and again in every creative industry
Whether on set, in the studio, at a record label, or at a startup—two topics come up time and again with our clients—and they form the core of our work.
Freelance Work or Full-Time Employment?
The most costly miscalculation in the creative industries: Anyone who is actually subject to instructions and integrated into the company’s operations is an employee—
even if the contract says “freelancer
.” It’s not the title that matters, but the actual nature of the work.
If your status is misclassified, you face status determination proceedings, retroactive social security contributions, and, in serious cases, criminal liability under Section 266a of the German Criminal Code (StGB). We review your specific circumstances in advance and represent you if the German Pension Insurance or a purported freelancer challenges your status.
Who owns the creative work? (Section 43 of the German Copyright Act (UrhG))
Designers, graphic artists, editors, and producers create copyright-protected works while employed. Copyright itself remains with the creator—it is therefore crucial that the necessary rights of use be effectively granted to the company.
This can become costly, at the very latest, when a license is to be granted, an investor is to be vetted, or the company is to be sold. Here, we combine labor law and copyright law under one roof—an intersection that very few law firms master. For us, it’s part of our daily routine because we come from the fields of trademark, copyright, and media law.
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Who We Work For
Your Industry, Your Employment Law
From initial production to international creative agencies—we cover these areas with true expertise.
Our focus for over 20 years
Film & TV Production
Every production is a temporary employer. As soon as filming begins, dozens of fixed-term employment relationships are created—and each fixed-term contract must have a valid objective basis; otherwise, an unintended permanent employment relationship is created. We draft contracts for all roles in such a way that they work on set and hold up in court.
- Director and Actor Contracts
- Cinematographer/DoP and Makeup Artist Contracts
- Production and Line Management
- Project-Based Fixed-Term Contracts & Temporary Needs
- Granting of Rights to Filmed Footage
Industry
Music & Labels
The label as an employer, bridging A&R, marketing, and production. We handle hiring matters as well as sensitive cases—particularly terminations, where even proving receipt of a notice can often become a point of contention. Added to this is the question of what rights arise with respect to recordings created by a producer while employed.
- Employment Contracts for Label Teams
- Termination & Protection Against Unfair Dismissal, Reliable Proof of Receipt
- Employed vs. Freelance Producer
Copyright Interface
Fashion & Design
Whenever creativity is involved, copyright must be taken into account. Designers, graphic artists, and patternmakers create works eligible for protection—without clear provisions for granting rights of use under Section 43 of the German Copyright Act (UrhG), the brand will not be able to exploit its own collections without restriction at a later date. We integrate the protection of your intellectual property into the employment contract.
- Employment Contracts with Provisions for Rights of Use
- Securing Rights to Creative Output
- Freelance vs. In-House Creatives
Industry
Photos
A common, albeit small-scale, scenario: Photographers hire assistants. To ensure this is done in compliance with the law, you need the right contract—often a properly structured “minijob” arrangement that includes proper registration, minimum wage, and tracking of working hours.
We’ll tell you exactly which arrangement is right for your situation.
- Setting Up a “Minijob” & Marginal Employment Correctly
- Minimum Wage and Record-Keeping Requirements
- Distinguishing Between Assistants, Interns, and Freelancers
Growth Market
Influencer & Creator Economy
Personal assistants, editors, or managers on the creator team are often bound by instructions—and are therefore employees, even if they’re listed as “freelancers.” In a market that’s growing faster than its contracts can keep up with, we bring structure to the process before the Social Security Administration or a departing employee raises questions.
- Identifying the Obligation to Employ and Implementing It Correctly
- Avoiding bogus self-employment in the creator team
- Securing rights to the content produced
Our Own Specialized Expertise
Sports & Soccer
Employment contracts in professional and semiprofessional sports follow their own set of rules—from fixed-term contracts, which require special justification in the sports context, to contractual penalties.
We advise clubs, players, and coaches, taking into account the full scope of sports law.
- Player and Coach Contracts
- Fixed-Term Contracts in Sports (Specific Case Law)
- Contractual Penalties & Transfer Scenarios
Industry
E-commerce Brands
The scaling D2C brand as an employer: from the initial rush to a fully developed structure. We provide pragmatic advice with an eye toward speed and seasonal business—ensuring that rapid growth doesn’t lead to labor law issues down the road. Many of our e-commerce clients already know us from our work in trademark law.
- Establishing clear contractual standards
- Warehouse, fulfillment, and seasonal workers
- Work-from-home/remote contracts, workforce reduction
Industry
Startups
From founding team to employer. We replace the template chaos of the first few months with sound contracts and take employee stock ownership and international hiring into account right from the start. This is how you build a team that can withstand a due diligence review.
- First Employment Contracts & Probationary Period
- Employee Stock Ownership Plans (VSOP/ESOP)
- Freelancer-first teams without bogus self-employment
Internationally as well
Creative agencies and production companies have long been operating across borders. We have advised creative agencies on their international activities—from secondments and cross-border staffing to labor law issues related to expansion. Through our partner law firms in Switzerland and the U.S., we can also provide services beyond Germany’s borders.
Why Choose a Boutique Law Firm
What Sets Us Apart from Run-of-the-Mill Law Firms
Many people know labor law. But few know labor law specific to your industry—along with copyright and media law to boot.
In-Depth Industry Knowledge Instead of Textbook Theories
We have over two decades of hands-on experience with the contracts, trades, and processes of the creative industries. You don’t need to explain to us what a production manager does or how a creative team works—we focus precisely on the risks specific to your industry.
Labor and Copyright Law Under One Roof
The key advantage: We take a holistic approach to drafting employment contracts and protecting rights to creative works. Where others need two law firms, we provide you with a single solution—seamlessly integrated with our expertise in trademark, copyright, and media law.
Clarity and Speed
Production companies and startups don’t have time for pages and pages of reports that don’t lead to any results. We’ll tell you exactly what to do and provide contracts that work today—not just after the third round of revisions.
Personal and Reliable
You’ll have dedicated points of contact who are familiar with your cases and your industry. No rotating case managers, no passing you along—just advice on an equal footing, from your first contracts all the way through proceedings before the labor court.
Patrick Rehkatsch
Attorney · Owner of the law firm Rehkatsch Rechtsanwälte, Cologne & Berlin
We’ve been practicing labor law in the creative and media industries for over 20 years. Our area of focus grew out of real-world experience: Film productions need to hire their teams—and that’s exactly where labor law comes into play. Drawing on this experience, we now advise production companies, record labels, fashion companies, sports clubs, photographers, creators, and startups. Thanks to our close integration with our trademark, copyright, and media law practices, we also address issues that fall precisely between these areas of law—the very areas where costs most often run high for creative companies.
Frequently Asked Questions
Questions We Often Get from Clients in the Creative Industries
When is a “freelancer” actually an employee?
What matters is not the title in the contract, but how the work is actually carried out. Anyone who is subject to instructions regarding the time, place, and content of their work, is integrated into fixed routines, and bears no entrepreneurial risk of their own is generally considered an employee—with all the associated consequences regarding social security and protection against termination. In the world of film, photography, and content creation, this line is crossed particularly quickly. We’ll review your specific circumstances before anyone else does.
Do we have to “buy” the rights to their works from creative professionals who are employees?
No—copyright itself is not transferable and remains with the creator. What you, as an employer, need is the effective grant of the necessary rights of use. Section 43 of the German Copyright Act (UrhG) helps with this, but it is no reliable substitute for an explicit contractual provision. Especially in the fields of fashion, design, and production, we recommend clear clauses so that you can use your own content without restriction later on.
How can we set fixed terms for contracts in a film production in a legally sound manner?
Project-based fixed-term contracts are common in the film industry, but they require a valid objective reason—such as a temporary need for a specific production. If this is not properly documented, or if fixed-term contracts are extended one after another, an unintended permanent employment relationship may result. We draft your contracts so that the fixed-term nature of the employment is legally sound.
Is a registered letter with return receipt sufficient proof of receipt of a notice of termination?
According to current case law from the Federal Labor Court, registered mail with return receipt is no longer considered reliable proof of delivery. If you want to ensure the secure delivery of a termination notice or an important invitation, you should opt for personal delivery in the presence of witnesses or via a courier. We explain in detail what this means for your practice in our magazine article—and we’d be happy to provide specific advice tailored to your case.
How much does an initial consultation cost?
That depends on your specific situation. During our initial consultation, we’ll first discuss your case at no cost to determine what it’s about and whether we’re the right law firm for you. For the actual consultation, we’ll agree on transparent, predictable terms—including a fixed fee arrangement for ongoing representation. You’ll know exactly where you stand from the start.
We hire staff through an agency—does that mean we're off the hook?
Not automatically. Anyone who actually uses people as if they were their own employees and issues them instructions may still end up in the role of employer, even if a third party is formally involved—keyword: disguised temporary employment. Especially with rotating crews, it’s worth taking a close look at the contractual chains before liability arises.
Do you also provide consulting services outside of Cologne and Berlin?
Yes. From our offices in Cologne and Berlin, we provide legal advice nationwide; a large portion of our cases are handled digitally anyway. For productions and agencies with an international focus, we collaborate with partner law firms in Switzerland and the United States.