What is it about?

In 2025, the Munich Oktoberfest clearly regulated for the first time that commercial content - e.g. livestreams, sponsored posts or monetized vlogs - may only be created with a license and filming permission. Anyone who uses the grounds for commercial content without prior permission risks a fee.

According to the press office, private snapshots or purely private posts are not affected; the fee only applies if the commercial character is recognizable (see stadt.muenchen.de, Pressestelle Oktoberfest).

What is the legal situation?

Two central legal principles characterize the argumentation: freedom of panorama vs. domiciliary rights / event law.

Freedom of panorama (Section 59 UrhG)
This allows works permanently located in public spaces (e.g. buildings, monuments) to be filmed or photographed and published from public paths. However, as soon as you are in a closed event area with access control, this protection ends.

Domiciliary rights & license system of the City of Munich / Oktoberfest management
The City of Munich operates the Oktoberfest as a special use area in which domiciliary rights apply. Guests accept the terms of use upon entering.

Important: The Oktoberfest press office clearly states:
"The amount of the license fees is determined on a case-by-case basis and is usually between five and ten percent of the revenue generated. Note: If the commercial use is not registered in advance, the fee may be higher due to the effort required for prosecution." (Source: City of Munich, Oktoberfest press office)

Regarding press coverage: The case of Cathy Hummels was discussed several times - the city justified the fee with the protection of the Oktoberfest brand and an extension of the so-called trademark process (see Focus.de, 2025).

Are there comparable cases?

Yes - Oktoberfest is part of a pattern in which organizers and operators regulate commercial media use:

- Christmas markets (e.g. Munich, Nuremberg): Commercial filming / media users usually have to pay for a permit.
- Amusement parks / zoos: Private content usually permitted, commercial use requires a permit.
- Sports events / media rights: Both live broadcasts and excerpts are strictly regulated.
- Castles & museums: Even exterior shots of buildings may require a license if an operator or cultural heritage administration asserts rights.

What is it like internationally?

The procedure is by no means uncommon abroad either - here with an updated section for the UAE:

🇫🇷 France:
The Eiffel Tower at night is protected by copyright - commercial use without a license is not permitted.

🇬🇧 United Kingdom:
Sights, train stations, etc. often require licenses for commercial filming.

🇺🇸 USA:
In cities such as New York, commercial filming is regulated via film permits and insurance.

🇦🇪 United Arab Emirates (Dubai / Abu Dhabi):
The UAE does not recognize freedom of panorama in the Western sense. Federal Decree-Law No. 38/2021 (Copyright & Neighboring Rights) explicitly protects architectural works and stipulates that license holders can control their commercial use. A narrow exception applies to traditional radio broadcasts, but not to social media formats. Architecture that was completed before March 1993 can be used freely due to the lack of copyright protection at that time.

Influencers require an advertiser permit / license from the UAE Media Council (NMC / UAE Media Council) for paid content or advertising in social media. Violations of copyright, data protection or media regulations can result in heavy fines (e.g. AED 10,000-100,000 depending on the violation). The UAE makes a clear distinction between private, non-commercial use and commercial use: For the latter, a license is mandatory.

This shows that even countries with a highly controlled media landscape actively demand licenses and control usage rights - an approach that comes close to the principle of domiciliary rights.

To summarize:

Freedom of panorama ends where domiciliary rights begin - and the Oktoberfest is, legally speaking, privately organized territory during the event. The fact that Munich is now making consistent use of these rights may sound unusual for streamers, but it is completely legitimate from a legal and economic point of view.

The price of beer may be debatable - but the following applies to filming: no livestream without a license.

What should you do as a creator or company?

1. Analysis: Is the use commercial? Sponsoring, affiliate links, cash flows or advertising intentions are often sufficient.
2. Early registration & license application: For the Oktoberfest in good time at the press office / license office. In the UAE: Apply for an advertiser permit / media license.
3. Check terms and conditions, terms of use & contracts: Especially for event organizers, exhibition grounds or amusement parks.
4. Use alternative options: Outdoor shots outside the enclosed area are usually covered by freedom of panorama.
5. Legal support in the event of ambiguities:Especially for cross-border projects (e.g. German creator in UAE).

Talk to us.