Proactive disclosure obligation under Section 32d German Copyright Act: what needs to be known now

By teamnext Editorial Team

Any organisation that uses media created by photographers, designers, filmmakers, and other creators under a direct paid contract should be aware of 7 June 2023.

An amended version of Section 32d of the German Copyright Act (Urhebergesetz, UrhG) requires commissioning parties to provide creators with information at least once per year about the extent to which their works are being used. For existing (legacy) contracts, the first disclosure was due on that date.

Background: In the past, creators could request this information on demand. The change turns that into a proactive obligation.

Failure to comply can lead to legal disputes and reputational damage.

This article summarises what matters and what action is required to minimise legal risk.

Which works are covered?

Two conditions must be met:

  1. The work must meet the threshold of originality (“Schöpfungshöhe”), meaning it shows a recognisable level of individual creative input.

  2. The use of the work must be governed by a remunerated contract with the creator.

There is no restriction by media type. The rule applies to all media, for example:

  • photos

  • graphics and illustrations

  • videos and footage

  • music and audio files

  • designs (design rights)

  • text

Which works are excluded?

There is no statutory disclosure obligation towards third-party providers.

If media is not sourced directly from the creator but via stock platforms (for example iStock, Adobe Stock, etc.), the situation generally remains unchanged.

Who is subject to the proactive disclosure obligation?

The obligation applies to all contractual partners of creators who have been granted usage rights in exchange for payment. This can include companies, sole traders, and freelancers across all industries.

Strictly speaking, creators cannot waive this obligation, because it is set by law.

Exceptions exist only in cases of subordinate contribution or disproportionate effort, such as when the creator’s personal contribution is minor or the effort required is not proportionate to the revenue generated.

What information must be disclosed?

Contractual partners must proactively provide information about:

  • the extent of usage of the work, and

  • the income/revenue derived from that usage.

Relevant details can include, for example:

  • usage period

  • usage channel (website, brochure, annual report, email campaign, blog article, etc.)

  • print run or reach

  • revenue linked to the use of the work

What happens if the obligation is ignored?

If disclosure is not provided, creators’ associations such as Freelens or the BVPA may assert injunctive claims and pursue disclosure through court.

This can trigger legal costs and fines. Public proceedings may also harm reputation.

What should be done now?

A structured approach helps:

  • Run an inventory: identify whether and how much content stems from direct creator contracts.

  • Check whether an exception might apply (subordinate contribution / disproportionate effort).

  • If a relevant volume is identified: implement a system that ensures complete documentation and traceability for all affected works.

Without technical support, the administrative workload can become substantial. A Digital Asset Management (DAM) system can help capture, maintain, and export the required data efficiently.