What is media law?
Media law establishes the legal framework for all forms of communication, publication, and distribution of content—from traditional newspaper articles to viral influencer posts.
Media law is not a uniform field of law. It comprises various areas of law that interact with one another: press law and broadcasting law, copyright law, personality rights, competition law (UWG), data protection law, as well as special statutory regulations such as the State Media Treaty (MStV) or the Digital Services Act (DDG).
For companies, agencies, creatives, and influencers, media law is ubiquitous today: whether producing advertising content, designing influencer campaigns, marketing film and music rights, or handling press inquiries—media law issues arise on a daily basis.
These include, among others: press law & freedom of expression, influencer marketing & advertising disclosure, film and music law, social media & platform law, advertising, sponsorship & surreptitious advertising, gaming law, copyright in the media sector, personality rights & rights to one’s own image, and contract and licensing law for media productions.
Media Law Services
As a media law attorney, I advise and assist companies, agencies, creatives, and influencers on all legal matters related to media, communication, and digital content—from drafting contracts to enforcing or defending against claims.
Influencer Contracts
Drafting and reviewing influencer collaboration agreements, framework agreements, and individual bookings. Clear provisions regarding scope of services, compensation, usage rights, disclosure requirements, and liability.
Influencer Marketing & Disclosure Requirements
Consulting on the legally compliant implementation of influencer campaigns. Ensuring proper advertising disclosures in accordance with the Unfair Competition Act (UWG), the Media Services State Treaty (MStV), and the German Data Protection Act (DDG). Compliance checks for campaigns and content.
Social Media & Platform Law
Legal guidance on setting up social media accounts, using platforms, and addressing issues related to liability for content, account suspensions, and comment moderation.
Advertising & Sponsorship
Drafting of advertising and sponsorship agreements. Advice on advertising law requirements and disclosure obligations for traditional advertising, product placement, and affiliate marketing.
Film & Music Law
Legal support for film and music productions. Drafting and reviewing production, licensing, and exploitation agreements. Advice on usage rights, compensation, and collecting societies.
Gaming Law
Legal advice for the gaming industry: licensing agreements, streaming rights, esports contracts, in‒game purchases, and platform terms and conditions. Support for game developers and publishers.
Press Law & Freedom of Expression
Advice on issues related to freedom of the press, rights to reply, and the legal classification of statements made in the media. Assistance in defending against unfounded claims.
Copyright & Licenses
Advice on protecting content, images, videos, and music under copyright law. Drafting of license agreements. Out‒of‒court and in‒court enforcement of or defense against copyright claims.
Warnings & Disputes
Assistance with cease‒and‒desist letters under competition law in the media sector, particularly regarding violations of labeling requirements, the Unfair Competition Act (UWG), or copyright law. Representation in and out of court.
Sports Media Law
Drafting and reviewing sponsorship and partnership agreements, as well as providing legal support for innovative sports media concepts. Advising on broadcast rights, licensing agreements, and the marketing of sports content in digital and traditional media.
Influencer Marketing & Social Media Law
Social media and influencer marketing are now central to the marketing strategies of many companies. At the same time, regulatory authorities and courts have significantly clarified the requirements for advertising disclosures in recent years.
Companies that collaborate with influencers must ensure that their campaigns are legally compliant—from contract structure and disclosure requirements to liability issues. Legal responsibility does not rest solely with the influencer who publishes the content. Depending on the campaign structure, companies and agencies may also face liability under competition law or media law. Clear contracts, approval processes, and compliance requirements are therefore essential for all parties involved.
As an attorney specializing in media law, I advise both sides: companies and agencies on structuring their campaigns in a legally compliant manner, as well as influencers and creators on contract negotiations, compliance issues, and defending against cease-and-desist letters.
Why hire a lawyer who specializes in media law?
Media law is an interdisciplinary field of law. It intersects with contract law, copyright law, competition law, data protection law, and, increasingly, technical issues related to digital platforms and AI-generated content.
Practical Contract Drafting
Influencer contracts, production contracts, and licensing agreements must not only be legally sound but also practical. Clear provisions regarding usage rights, compensation, liability, and compliance protect all parties involved—and help prevent future disputes.
An Overview of Labeling Requirements
Legal requirements for advertising disclosures on social media are constantly evolving. Incorrect or missing disclosures can quickly lead to cease-and-desist letters or regulatory proceedings. Seeking specialized advice can help you avoid these risks.
Digitale Medien & neue Plattformen
From TikTok to Twitch to new AI-based content formats: Media law is keeping pace with technological advancements. Anyone producing or distributing content today needs a lawyer who understands the digital media landscape.
Prompt Response to Cease-and-Desist Letters
Antitrust cease-and-desist letters in the media sector are often time-sensitive. Specialized legal counsel enables a swift and well-informed response—whether to defend against unjustified claims or to enforce one’s own rights.
The Intersection of IT Law and Media Law
Platforms, apps, and digital media products bridge the gap between media law and IT law. As a law firm with expertise in both areas of law, we offer comprehensive legal support—without any gaps in coverage.
Nationwide consulting
Media law knows no national borders. I advise clients in Berlin and across Germany—via phone, video call, or in person. This way, you can receive legal support quickly and easily, no matter where you’re based.
Heval Mienert – Media Law Attorney
Heval Mienert studied law at Ruprecht Karls University in Heidelberg. While working as a research assistant at the University of Würzburg, he earned his doctorate with a dissertation titled “Geolocation – Geoblocking and Geotargeting as Solutions to Trademark Conflicts on the Internet.”
He completed his legal clerkship at the Berlin Court of Appeal, with placements at the Federal Chancellery (fundamental issues of digital policy) and at an international corporate law firm in New York. Before founding the law firm Mienert, Heval Mienert worked as an attorney in the Berlin office of the international corporate law firm Morrison & Foerster LLP. There, he advised international companies in the technology and media sectors primarily on issues of IT law, media law, and general contract law.
Today, he advises clients on IT law, media law, blockchain technology, and intellectual property law. He is also a lecturer on intellectual property law in the master’s program “European Film Business and Law,” offered by the Erich Pommer Institute in cooperation with the Film University Babelsberg and the University of Potsdam.
A legal issue in media law?
I can provide you with quick and straightforward advice on influencer contracts, advertising disclosures, film and music law, social media, and all other aspects of media law—via phone or video consultation, or in person in Berlin. Feel free to describe your situation to me with no obligation.
Frequently Asked Questions About Media Law (FAQ)
What does a media law attorney do?
A media law attorney advises companies, agencies, influencers, creatives, and media producers on all legal matters related to the creation, distribution, and marketing of content. This includes, in particular, drafting and reviewing influencer contracts, ensuring the legally compliant implementation of marketing campaigns, providing advice on copyright and licensing agreements, and representing clients in and out of court in media law disputes.
Does every sponsored post have to be labeled as advertising?
The key factor is whether there is a commercial purpose that is not immediately apparent to the audience. In the case of monetary payments, free products, invitations, or other benefits, there is generally a requirement to label such content. The label should be clear, unambiguous, and recognizable at first glance, ideally with the words “Advertisement” or “Ad.” Terms such as “ad” or “sponsored” are generally not sufficient under German law.
Who is liable for violations of advertising disclosure requirements?
In the event of violations, depending on the specific case, both the influencer who published the content and the advertising companies or agencies involved may be held liable. Advertising disclosures, approvals, responsibilities, and indemnifications should therefore be clearly defined in the contract.
What must a legally sound influencer contract include?
A legally sound influencer contract should include, among other things, clear provisions regarding the scope of services and content, compensation, rights of use for the created content, disclosure requirements, liability and indemnification, as well as the term and termination. Depending on the campaign, provisions regarding exclusivity, rights to make changes, and reporting may also be appropriate.
How can companies protect themselves when it comes to influencer marketing?
On the one hand, companies should rely on clear contractual provisions—particularly regarding labeling requirements, liability, and indemnification clauses. On the other hand, it is advisable to conduct a compliance review of the content prior to publication. This can significantly minimize legal risks.
What are the specific legal considerations in the gaming industry?
The gaming sector intersects media law, IT law, and copyright law. Typical issues include streaming rights and licensing agreements with platforms, sponsorship and esports contracts, rights of use for game assets, as well as advertising regulations for Let’s Play videos or streams featuring product recommendations.
I received a cease-and-desist letter regarding media law—what should I do now?
When you receive a cease-and-desist letter under media law, prompt action is essential, as deadlines are typically very short. Please contact me as soon as possible by phone or email. I will review the letter, assess the likelihood of success, and advise you on how to proceed—whether by submitting a modified cease-and-desist declaration or by contesting the claims.
