Creativity and Business

Never before has so much music been heard on such a variety of channels as today. Every day, millions of photographs are taken, digitally processed and used on the internet, on the news or in advertisements. User-generated content accounts for more footage than Hollywood. Copyright issues make headlines in daily newspapers. At the same time, copyright issues continue to play an increasingly important role for new business models: Are companies allowed to carry out screen scraping to feed their databases? May third parties upload the Vienna Philharmonic’s New Year’s concert to YouTube without authorisation? Creativity is also a business, and thus special attention is required for the legal questions connected to it.

Traditional and Modern Industries

The creative industry is a collective term, linking traditional economic sectors with new technology providers based on modern forms of information and communication. It has become one of the most dynamic industries with a gross value added in Germany over 65 billion euros. This puts it into the same ballpark as large industry sectors such as automotive, mechanical engineering, chemistry and financial services.

Besides creators and commissioners of artistic performances, we advise especially the companies who are commissioned to utilise them. In special constellations we also advise creators and artists. Our clients come from the fields of film and television, publishing and newspapers, music, applied art, photography and architecture.

Large publishing houses belong to our clientele as well as scientific and belletristic publishers. In the field of music we represent and advise the Federation of Producers of Phonograms, leading music firms, middle-market manufacturers and publishing companies as well as some of the greatest classical ensembles and artists. We also represent collecting societies and agencies. We provide advice in all types of infringement cases, including provider liability issues as well as asserting claims against collecting societies and issues regarding music utilisation on websites or in other commercial or private settings.

In the film and television industry, we represent world-leading production companies. We advise and represent in particular when it comes to clarifying rights issues, designing contracts and settling infringement cases. We represent film industry associations in test proceedings for copyright infringements on the internet. In the field of applied art, the attorneys at BOEHMERT & BOEHMERT have been involved with situations concerning the protection of products for decades. Our attorneys regularly deal with architectural landmarks, their copyright protection, and give advice in connection with construction projects.

A key point of our legal advice is the field of technology, be it computer programs or the increasingly more important field of game software. Our clients’ legal issues in this billion-dollar market range from copyright, through data protection, to consumer protection law.

The legal framework of the creative industry is continuously changing. We offer companies and associations professional advice in their endeavour to help shape legislation in Germany and Europe, or in the field of international treaties.