The law firm activelaw successfully represented a prominent influencer before the Regional Court of Cologne against a creator’s attempt to exploit her likeness and content on TikTok for advertising purposes.
The creator had taken content from three of the influencer’s TikToks and incorporated it into a video promoting a financial app for a client.
By judgment order (not yet final) dated 30 October 2025 (14 O 335/25), the court prohibited the dissemination of the video as requested. The court followed activelaw’s reasoning that the infringement of the influencer’s rights was neither covered by TikTok’s terms of service nor permitted under statutory exceptions. Central to the decision was the fact that the primary purpose of the contested video was advertising.
Attorney Dr. Sven Dierkes commented:
"The decision of the Regional Court is correct and groundbreaking. Using another person’s likeness and content for advertising purposes is not only problematic because third parties might mistakenly assume that the individual endorses the product, but it can also infringe on their legal rights. It is important to note that the use of personal images generally requires the consent of the person depicted, and the use of videos requires a license."
In this case, neither consent nor a license was given, nor could TikTok’s terms of service be used to justify it. These terms only allow content usage within the platform’s functions (e.g., via Stitch) and limit usage to entertainment purposes. The court further questioned whether the terms even apply to personal images at all.
Statutory exceptions under Section 23(1) of the German Act on Copyright in Works of Art (Kunsturhebergesetz) or copyright limitations, such as quotation rights or “fair use” as a pastiche, were also not applicable. While such exceptions may apply in individual cases, the court noted that when product advertising is the primary purpose, the legal threshold is extremely high. Minimal reactions or token quotations are insufficient.
