In its ruling of May 6, 2026 (Case No. 2-06 O 444/25), the Frankfurt am Main Regional Court issued a landmark decision regarding the enforcement of copyright claims against social media platforms. The ruling focuses on the requirements for a sufficient domestic connection (“commercial effect”) in the case of posts on Instagram, as well as the due diligence obligations of hosting platforms under the Digital Services Act (DSA).
The decision is of considerable practical importance, particularly for photographers, companies, agencies, architects, designers, and other rights holders.
What was the issue?
The subject of the proceedings was the publication of a copyrighted architectural photograph on a predominantly Arabic-language Instagram account. The photographer asserted claims for injunctive relief against the platform.
The central legal question was:
Can German copyright law apply even though the account is primarily aimed at users outside Germany?
The Frankfurt Regional Court ruled in the affirmative.
When does a “commercial effect” exist in Germany?
The court consistently follows the Federal Court of Justice's case law regarding the economically relevant domestic connection.
According to this, a sufficient commercial effect may exist, in particular, if
- the rights holder carries out its economic activities in Germany,
- the infringement may affect domestic business relationships,
- the content is accessible worldwide,
- the platform offers translation features for German users and
- the relevant market is aimed at an internationally connected professional audience.
The mere fact that a social media account is primarily aimed at users abroad does not, therefore, preclude a domestic connection relevant to copyright law.
DSA: What obligations do platform operators have?
The court’s remarks on the Digital Services Act (Art. 6 and Art. 16 DSA) are of particular significance.
The Frankfurt Regional Court clarifies:
- As a general rule, the rights holder is not required to include proof of ownership with a notification.
- The use of a " notice-and-action" form provided by the platform is not legally required.
- If there are doubts about the whistleblower’s eligibility, the platform must notify the whistleblower and conduct an investigation. Merely failing to act is not sufficient.
The decision thus clarifies the monitoring obligations of hosting services under the DSA and strengthens the position of rights holders vis-à-vis international platforms.
Implications for Businesses and Creative Professionals
The ruling shows that copyright infringements on international platforms can be successfully prosecuted even if the content in question originates outside Germany.
This is particularly relevant, among other things, for
- Photographers,
- Companies,
- Agencies,
- Architectural firms,
- Designer,
- Artist,
- Publishers, as well as
- other holders of copyrights and related rights.
Our Legal Assessment
The decision confirms the growing importance of the Digital Services Act for the extrajudicial and judicial enforcement of copyrights.
Successful enforcement of the law typically requires the integration of various areas of law:
- Copyright
- Industrial Property Rights
- IT Law
- Platform Liability
- Digital Services Act (DSA)
- International Civil Procedure Law
A careful legal assessment is particularly necessary in cross-border cases.
Consulting on Copyright and Intellectual Property Law
We advise and represent companies, photographers, agencies, creative professionals, and other rights holders nationwide in matters involving
- the enforcement of copyright claims,
- the removal of infringing content from social media platforms,
- Warnings,
- proceedings for a preliminary injunction,
- copyright disputes in court,
- Issues of platform liability under the DSA, as well as
- all matters relating to intellectual property law.
