Titel protection –
How to secure the title of your song, TV show, or podcast
You’ve spent weeks perfecting your album title. Your podcast name is your brand. Your series title represents your entire creative output. And then suddenly someone else shows up with the same name.
Important: Titel protection (Copyright) and trademark registration are two different things—and you often need both. The difference is explained below.
German work title protection (“Werktitelschutz”) is a distinctive feature of German intellectual property law. German law grants independent protection to titles of creative works, including films, podcasts, books, music projects, magazines, and digital formats.
known for:
Important: Copyright protection and trademark registration are two different things—and you often need both. The difference is explained below.
German work title protection (“Werktitelschutz”) is a distinctive feature of German intellectual property law. German law grants independent protection to titles of creative works, including films, podcasts, books, music projects, magazines, and digital formats.
Basics
What is a title - and when is it protected?
A work title is the name or specific designation of an intellectual work. In other words, it’s the title of your album, TV series, movie, podcast, book, or app. It sounds simple—but it’s governed by precise legal rules.
First things first: title protection is not copyright. Copyright protects the work itself—that is, your music, your screenplay, or your text. The title protects only the name of the work. Both can exist simultaneously, but they are two completely separate intellectual property rights with different requirements and different effects.
Legal basis: Section 5(3) of the Trademark Act (MarkenG). Unlike with a registered trademark, protection generally arises automatically—without the need for an application—through the use of the mark in the course of trade.
In practical terms, this means that as soon as you use your podcast title in public, announce your album, or promote your film, title protection begins to take effect. But—and this is crucial—only if the title has sufficient distinctiveness. It must be able to identify the specific work and distinguish it from other works. A purely descriptive title like “My Podcast About Music” would not be eligible for protection. A distinctive, memorable name, however, would be.
Coverage
Which works can be protected by a title?
The Trademark Act specifically mentions printed works, cinematographic works, sound recordings, and stage works. In addition, there are all “other comparable works”—and case law interprets this very broadly.
Music & Audio
Albums, singles, EPs, mixtapes, radio plays, podcasts—all of these are considered sound recordings. Even the title of a regularly released podcast series is eligible for protection.
Movies & Videos
Feature films, documentaries, short films, YouTube series, web series—film works in the broadest sense. This also includes series with multiple seasons.
Apps & Digital Products
Apps, games, software, websites—case law has explicitly expanded the definition of a "work" to include digital products. This also applies to online courses and platforms.
Books & Events
Novels, nonfiction books, magazines, newsletters—traditional print publications. Also: festivals, tours, concert series, stage productions.
Working Title vs. Marke
Work title or trademark - which one provides protection?
That’s the question we’re asked most often. And the answer is: each one protects different things—and often you need both.
Work title
Protected site
Title of the specific work
REGISTRATION
Not necessary
Origins
Automatically through use
COSTS
No registration fees
DURATION
As long as the work is used
Protected site
Trademarks for Goods & Services
Origins
By registration only
REGISTRATION
German Patent and Trademark Office / European Union Intellectual Property Office
COSTS
Starting at €290 (DPMA)
DURATION
10 years, renewable
Practical example: Your album title is automatically protected as a work title—but only as the name of that specific album. If you want to use the same name for merchandise, concert tickets, or a streaming service, you’ll need a registered trademark. We can advise you on the best protection for your specific project → Go to trademark registration.
Upstream protection
Title Protection Notice – Secure Protection Before the Work Is Published
Anyone developing a creative project is familiar with this situation: The title has been decided, the work is still in production—and yet you’re already talking to partners, posting teasers, and mentioning the name in meetings with investors. It is precisely during this interim phase, between the first public appearance and the official release, that a gap in protection arises. This is because copyright protection for a work’s title typically only takes effect upon its actual publication.
The solution is the title protection notice: a public announcement—usually in the “Börsenblatt” (for the book industry) or the “Titelschutzanzeiger”—that legally advances the priority date of your title protection. Anyone who uses the same title after your notice can no longer claim an earlier priority date. You have secured priority even before the work has been published.
WHEN IS IT WORTH FILING A TITEL PROTECTION NOTICE?
- For long production phases (film, album, book)
- If the title is already public knowledge (teasers, social media)
- When you talk to investors or partners about the project
- When the title has high commercial value
Important: A notice of title protection alone is not sufficient for long-term protection. The work must actually be published within a reasonable period of time after the notice is filed—otherwise, the preliminary protection will expire.
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Law enforcement
Someone is using your title - what can you do?
If someone uses a title for a comparable work that is identical to or confusingly similar to the title of your work without authorization, you have rights under Section 15 of the German Trademark Act (MarkenG):
CLAIM 1
failure to act
The other party must relinquish the title immediately. In practice, this is the most important claim and often the primary objective—one that can be enforced quickly through a preliminary injunction.
CLAIM 2
Compensation
If the other party can be shown to be at fault, you can claim damages—based on lost profits, the license analogy, or the surrender of the infringer’s profits.
CLAIM 3
Information
You have the right to request information about the extent to which the work has been used. This information serves as the basis for calculating damages.
And conversely: If you use a title that infringes on an older work title, you could face the same legal claims. That’s why conducting a title search before launch isn’t just a nice-to-have—in many cases, it’s simply necessary. → To trademark search
Our clients
Titel Protection for Your Industry
Movies & TV Shows
From concept to release: We secure your project title through a title protection notice and verify that your title is available—before you go into production.
Podcaster & Creator
A podcast name is a brand. As you build your channel, you should know right from the start whether you can use the title without any issues—and how to protect it for the long term.
Apps & Games
Whether it's a game, app, or platform, digital works are fully eligible for title protection. We advise developers and studios on titles, naming rights, and how they differ from trademarks.
Music & Labels
Whether it’s an album title, a mixtape name, or a back-catalog series—in the music business, title rights are constantly being created and coming into conflict. We advise musicians, producers, and labels.
Frequently Asked Questions
Frequently Asked Questions About Titel Protection
Do I need to register the title of my work anywhere?
No. Protection is automatically granted through the public use of the title in commercial transactions. However, filing a notice of title protection can establish an earlier date of priority—this is not mandatory, but it is often a wise move, especially when there is a long period between development and release.
What is the difference between a work title and a trademark?
A copyright notice protects the title of a specific work—automatically, without the need to register it. A trademark protects a symbol used for goods and services and must be registered. Often, you need both: the copyright notice for the work itself, and the trademark for everything else—merchandise, streaming, events, and branded content.
How long does a titel protection last?
As long as the work is actively used and the title is in use. Anyone who relinquishes their title or ceases to distribute the work loses protection. There is no fixed term, as there is with a registered trademark.
Can I take legal action against someone who has a similar—but not identical—title?
Yes, if there is a risk of confusion. Whether that is the case depends on the similarity of the titles, the similarity of the works, and the popularity of your title. The more popular your title is, the broader the protection—even against less similar names.
We have the same title as an older work—what should we do?
In that case, you should seek legal advice as soon as possible. The longer you wait, the more difficult the situation becomes—especially if you have already invested in marketing or production. In some cases, an agreement can be reached to allow both names to coexist; in others, a name change is necessary.
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Protect
your title legally
—we're here to help.
Are you planning a release, do you have questions about title protection, or do you want to know if your title is available? During a no-obligation initial consultation, we’ll take a look at your specific situation—without legal jargon and without any time pressure.
