Public broadcasts of live matches are particularly popular, often as a main or secondary program item, at entertainment or advertising events. The broadcasting rights are held by ARD, ZDF and Magenta TV. Most matches are broadcast by ARD and ZDF, only a few via Magenta TV.
In the publications it distributes and in particular on its website, UEFA gives the impression that every public broadcast of free TV images is subject to licensing, especially if the broadcast has a commercial background in any way. UEFA offers such licenses for a not inconsiderable fee and in conjunction with extensive conditions.
However, the impression spread by UEFA that no commercial activities may be carried out in connection with the television images if no license rights have been acquired is not consistent with the legal situation in Germany:
The rights held by a broadcasting organization, i.e. the holder of TV rights, are governed by
Section 87 para. 1 no. 3 UrhG (Copyright Act). According to this provision, the broadcasting organization has the exclusive right to make the broadcast publicly perceptible in places that are only accessible to the public against payment of an admission fee. Conversely, however, this means that admission-free events are generally permitted without a separate license, provided that the broadcasts are not edited in any way, even if only by cutting out the commercial breaks, changing the audio commentary, etc.
It is therefore license-free, for example, if a restaurateur or any other trader sets up a TV set in order to increase audience interest. However, as already mentioned, this only applies to broadcasts on free TV, i.e. in this specific case to broadcasts by ARD and ZDF. If other matches are broadcast by Magenta TV, the legal situation is different because the broadcast by Magenta TV is not free, but is based on a special contractual agreement with the respective user. If only the "private tariff" has been agreed with Magenta TV, it is also clear that commercial use is not permitted here.
For the broadcasting of ARD and ZDF broadcasts (free TV), on the other hand, it remains the case that broadcasting is generally permitted as long as no admission fee is charged. Caution is required if no admission fee is charged, but access to the television broadcast is indirectly linked to a financial service, e.g. the sale of vouchers as a condition for access. And in connection with the broadcast, of course, the impression must not be created that one is in any way a UEFA partner, UEFA sponsor or similar.
In any case, registration obligations with GEMA, GVL and VG Wort must be observed.
In any case, it should be noted that UEFA's assertion that any "public viewing" event in Germany requires a license is simply false.