Copyright Law, Privacy Protection & Art Law

The creative sector needs state of the art legal advice. This is due to the fact that the sectors in which copyrighted works are created are always in flux. This means that the exploitation chain is becoming ever more diversified – and therefore constantly raises new legal issues.

Our advice on copyright law is part of our comprehensive expertise in IP. In particular, we have always been extraordinarily closely involved in the film and TV industries, whether in Germany or internationally. A position which we have not only maintained but even expanded during the change towards increasingly non-linear media use.

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Those who brought creative masterpieces into being should also be able to profit from them. To achieve this, a sector that is constantly in a state of flux needs excellent legal advice.

This is the only way to protect copyrights and the rights of artists and creatives even in diversified chains of exploitation.

Copyright law

As a law firm that is tightly anchored in innovation-driven industries, we know that nowadays copyright law and media law may frequently only be handled in association with IT and IP law. This is why we rely on close collaboration between these practice groups, thus creating teams that are more than the sum of their parts. We do not have a “digital media” team because all advisors for the various sectors of the creative industry think digital from the very beginning. Our copyright law experts advise on development, production, and exploitation of content, from financing and collateralization to content protection. It is here that our expertise in temporary injunctions has repeatedly proven to be an effective means of preventing damage caused by piracy.

Not only clients from the audiovisual sector, but basically all creative sectors counton these services. We represent companies from fields as diverse as gaming, music, press, publishing, and advertising. We are also glad to provide cross-media services, for instance on licensing and rights clearing.

By the way, we do not only consider the legal support of creative processes as our task. Frequently, we are already involved when the legal foundations are adapted. SKW Schwarz, jointly with the industry, submits legislative proposals, most recently for the copyright reform. And as experts, we are regularly consulted in the Legal Committee of the German Parliament.

In 2016, SKW Schwarz was named Law Firm of the Year for Media and Technology by industry analyst JUVE. Handelsblatt magazine also recognized us as Law Firm of the Year for Media Law in 2016 in cooperation with Best Lawyers. In 2020, we are German Firm of the Year in the “Copyright & Design” category at Managing Intellectual Property IP STARS.

Privacy protection

Not least due to our expertise in the media sector, we have a lot of experience in the field of privacy protection. We advise our clients in particular on the following topics:

false factual claims and abusive criticism
unjustified bad or reputation-damaging ratings on the Internet
improper representation in the media
advice on the right to one’s own image
clearing of media content relating to the violation of personal rights of other persons
out-of-court and judicial enforcement of claims for removal and injunction, damages, as well as revocation and the right to reply

Art Law

As Karl Valentin already mentioned, “Art is beautiful, but it’s a lot of work.” So much the better that we take on your legal challenges: Our experts – who are art lovers themselves – accompany you from the creative process through the exhibition of your works to the sale. For many years, we have been representing clients from all areas of the art scene in and out of court, namely artists, galleries, museums, dealers, or private art collectors.

Even though art law is rather a niche topic, many exciting legal issues come together in this field: Classical copyright and personal rights, the clarification of ownership and provenance issues, restitution (looted art), claims in case of damage, loss and forgery, or the establishment of foundations. For our advice we resort to experts from other teams and collaborate with academics and art experts on an interdisciplinary basis.