In the world of creative works, from music and art to software and designs, copyright is the protective shield for creators. It gives them the right to decide on the use of their works, to prevent imitation and, if necessary, to take legal action against it. But what if the infringement occurred months or even years ago? The statute of limitations can nullify even justified claims. This is exactly where an often underestimated institution comes into play: the conciliation office.
Copyright law and the statute of limitations: a silent danger
Like almost all civil law claims, copyright claims are also subject to the statute of limitations. Anyone wishing to sue for injunctive relief or damages due to unauthorized use of their work must observe certain time limits. The regular limitation period for injunctive relief and reimbursement of expenses, for example for the costs of information proceedings, is three years. A period of ten years even applies to claims for damages due to damage caused by a license, as clarified by the Federal Court of Justice in its ruling of 12.05.2016 (BGH I ZR 48/15).
The decisive factor here is when the time limit begins. According to Section 199 (1) BGB, the clock only starts running at the end of the year in which the rights holder becomes aware of the infringement and the infringer. For example, anyone who learns of an illegal download of their work in January 2020 must react by December 31, 2023 at the latest, otherwise they risk losing their rights.
The conciliation office: more than just mediation
What many people do not know: Initiating proceedings at a conciliation office can suspend the impending statute of limitations. This means that from the moment the application is received by the conciliation office, the limitation period is suspended. It only resumes six months after the end of the conciliation proceedings, regardless of whether an agreement has been reached or not.
This legal effect makes conciliation proceedings a powerful instrument for copyright holders. It not only opens up the chance of an amicable, out-of-court solution, but also buys valuable time without jeopardizing one’s own position in the dispute.
How the quality procedure works
The procedure is simple and clearly structured. First, the affected party submits an application to a recognized conciliation office. This organizes a meeting with the other party, often in the form of mediation. The aim is to work out an amicable solution which, if desired, can even be confirmed as an enforceable settlement before the local court. If this is not successful, the conciliation office will determine that the proceedings have failed. The suspension of the statute of limitations nevertheless remains in place for a further six months.
The conciliation procedure is therefore a doubly valuable tool for authors: it protects their rights and at the same time creates a low-threshold opportunity to reach an agreement. It is often quicker, cheaper and more confidential than going to court.
An example when time is of the essence
A photographer discovers in November 2023 that her work has been used on a commercial website without a license since 2020. Her legal deadline to claim injunctive relief and reimbursement of costs would expire on December 31, 2023. Legal proceedings would hardly be realistic in the short time available. Too much preparation, too high costs.
Instead, she opts for conciliation proceedings and submits the application in December 2023. The statute of limitations is immediately suspended. In the conciliation hearing in January 2024, both sides agree on a settlement including an additional license payment and deletion of the image. The case is resolved without public proceedings, without lawyers exchanging blows and with minimal effort, and the photographer’s rights are protected.
The conciliation office is not an emergency solution: it is a deadline saver with a future
Despite its effectiveness, the conciliation office in copyright law is still hardly known. Many rights holders believe that only a lawsuit or a default summons can stop the statute of limitations. However, the conciliation procedure offers a low-threshold, legally secure alternative, especially if an out-of-court solution is being sought anyway. The conciliation office is also legally secure: The statute of limitations is suspended upon receipt of the application (Section 204 (1) No. 4 BGB).
Copyright law protects creative achievements. But it is of little use if claims are simply time-barred. The conciliation office is therefore a real tip for anyone who is on the home stretch of a deadline. If you want to defend your work and avoid escalation at the same time, you will find an effective, fair and professional solution here.
