Streaming Right: Twitch, YouTube Live and Kick – Broadcasting License, Music, Donations and Blocks

Legal issues in live streaming

Livestreams can be broadcast under the State Media Treaty. Since the reform, offers with a low reach or of little importance for the formation of opinions have been free of approval. If you regularly stream in front of a large audience according to the broadcast schedule, you should check the question. In addition, there are music rights, the conditions of the game publishers, labeling obligations for sponsorship and the rules of the platforms.

Gambling and casino streams are particularly tricky: Advertising for gambling not allowed in Germany is forbidden. We advise streamers, teams and agencies and represent you on blocking and disputes.

Typical situations in which we help

• They stream regularly and want to know if they need admission.
• Their stream was blocked for music.
• A sponsor wants to be integrated into their stream.
• You will receive donations and subscriptions and questions about taxes.
• A gambling provider offers you a cooperation.

Legal basis at a glance

Authorization

Broadcasting offers generally need approval from the state media authority. Offers with less than 20,000 simultaneous users on average of six months or of little importance for forming opinions are free of approval. The media institutions offer confirmation of the freedom of admission.

Music and games

Background music is usually not licensed. Game publishers usually allow streams through policies that may contain restrictions.

Sponsorship and Donations

Sponsorship is to be marked and recognizable in the stream. Donations and subscriptions are tax revenue.

Game of chance

Advertising for not allowed gambling is prohibited, even by streamers. Fines and cease-and-desist letters are threatened.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Use chart music in the stream.
• Mention sponsorship only at the beginning.
• Promote unauthorized gambling.
• Don’t tax donations.