International copyright law on the Internet: When does German law apply?
In its ruling of november 14, 2025 (Ref. 6 U 96/24), the Higher Regional Court of Cologne clarified that German copyright law is only applicable to cross-border online matters if there is a sufficiently economically relevant domestic connection ("commercial effect").
The mere accessibility of a foreign website in Germany is not sufficient.
Key message from the Higher Regional Court of Cologne
In order to prevent the boundless expansion of national intellectual property rights, the assertion of claims for damages pursuant to Section 97 (2) of the German Copyright Act (UrhG) requires:
- a relevant infringing act within the country
- an economically noticeable effect in Germany
- a market relationship that goes beyond technical availability
If this "commercial effect" is missing, German copyright law does not apply—even if the content is accessible worldwide and therefore also in Germany.
Facts: Swiss company – German lawsuit
A photographer claimed damages for the use of his product photographs on the websites of several Swiss companies.
Special features:
- Defendant's registered office in Switzerland
- Domains predominantly with ".ch"
- Projects exclusively in Switzerland
- No sales or delivery to Germany
- Some content in Swiss German
- No economic activity in the German market
The Cologne Regional Court had awarded partial damages. The Cologne Higher Regional Court dismissed the claim in its entirety.
Why availability in Germany is insufficient
The Higher Regional Court bases its ruling on the case law of the Federal Court of Justice ("Product Photographs," I ZR 50/24) and applies the principles of territoriality developed therein to copyright law.
The decisive factor is an overall assessment:
- Purpose of the website
- actual market targeting
- economic impact in Germany
- Benefit from German accessibility
- organizational and technical design
Important clarification
The use of the German language does not constitute a domestic connection if German is the official language in the country of domicile (in this case: Switzerland).
Even a ".com" domain is not sufficient on its own.
No applicability beyond "non-licensing"
The plaintiff argued that the damage lay in the failure to obtain a license in Germany.
The Higher Regional Court also rejected this approach:
- The applicability of German copyright law must be examined in advance.
- Without sufficient domestic relevance, there is no obligation to obtain a license under German law.
- This applies equally to claims for damages and injunctive relief.
The court thus clarifies that even pure claims for damages require a relevant domestic connection.
Significance for companies and rights holders
For authors and rights holders
- International online infringements cannot automatically be prosecuted in Germany.
- A substantial explanation of the economic impact on the domestic market is required.
- The market approach must be specifically verifiable.
For internationally active companies
- A market strategy clearly focused on foreign countries significantly reduces the risk of German copyright claims.
- Relevant factors are:
- Headquarters abroad
- country-specific domain (.ch, .at, etc.)
- no distribution to Germany
- No economic benefit from German availability
Legal classification: Strengthening the principle of territoriality
The decision reinforces the principle of territoriality in copyright law:
National copyright law applies territorially—not globally.
In the digital environment, this means:
Globally accessible ≠ liable in Germany.
The decision provides legal clarity for cross-border online matters and limits the extension of German intellectual property rights to matters that are actually relevant domestically.
Conclusion
The Higher Regional Court of Cologne clearly specifies the requirements for domestic relevance in international copyright law:
Without an economically relevant "commercial effect" in Germany, German copyright law does not apply—not even for claims for damages.
For companies based abroad, this means increased legal certainty.
For rights holders, on the other hand, the requirements for disclosure are significantly increased.
