What's it about?

For the first time, the Munich Oktoberfest has clearly stipulated that, starting in 2025, commercial content—such as livestreams, sponsored posts, or monetized vlogs—may only be created with a license and filming permit. Anyone who uses the festival grounds for commercial content without prior authorization risks being charged a fee.

According to the press office, personal snapshots or purely private posts are not affected; the fee applies only when the content is recognizable as commercial in nature (see stadt.muenchen.de, Oktoberfest Press Office).

What is the legal situation?

Two key legal principles underpin the argument: freedom of panorama vs. property rights / event regulations.

Freedom of panorama (Section 59 of the German Copyright Act (UrhG))
This allows works permanently located in public spaces (e.g., buildings, monuments) to be filmed or photographed from public pathways and published. However: As soon as you are inside a fenced-off event grounds with access control, this protection ends.

Property Rights & Licensing System of the City of Munich / Oktoberfest Management
The City of Munich operates the Oktoberfest as a special-use area where property rights apply. By entering, guests accept the terms of use.

Important: The Oktoberfest Press Office clearly states:
“The amount of the licensing fees is determined on a case-by-case basis and generally ranges between five and ten percent of the revenue generated. Note: If commercial use is not registered in advance, the fee may be higher due to the effort required to pursue the matter.” (Source: City of Munich, Oktoberfest Press Office)

Regarding press coverage: The case of Cathy Hummels has been discussed on multiple occasions—the city justified the fee by citing the protection of the Oktoberfest brand and an expansion of the so-called trademark enforcement process (see Focus.de, 2025).

Are there any similar cases?

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

• Christmas markets (e.g., Munich, Nuremberg): Commercial filming and media use usually require a permit.
• Amusement parks / zoos: Private content is usually permitted; commercial use requires a permit.
• Sporting events / media rights: Both live broadcasts and highlights are strictly regulated.
• Castles & museums: Even exterior shots of buildings may require a license if an operator or cultural heritage authority asserts rights.

What is the situation like internationally?

This practice is by no means uncommon abroad either—here’s an updated section for the UAE:

🇫🇷 France:
The Eiffel Tower at night is protected by copyright—commercial use without a license is prohibited.

🇬🇧 United Kingdom:
Landmarks, train stations, etc., often require licenses for commercial photography.

🇺🇸 United States:
In cities like New York, commercial filming is regulated through film permits and insurance.

🇦🇪 United Arab Emirates (Dubai / Abu Dhabi):
The UAE does not recognize the freedom to photograph panoramas in the Western sense. Federal Decree-Law No. 38/2021 (Copyright & Neighboring Rights) expressly protects architectural works and stipulates that license holders may control their commercial use. A narrowly defined exception applies to traditional broadcast programming, but not to social media formats. Architecture completed before March 1993 may 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) for paid content or advertising on social media. Violations of copyright, data protection, or media regulations may result in heavy fines (e.g., 10,000–100,000 AED depending on the violation). The UAE makes a clear distinction between private, non-commercial use and commercial use: A permit is mandatory for the latter.

This demonstrates that even countries with a heavily regulated media landscape actively require licenses and monitor usage rights—an approach that closely resembles the principle of property rights.

In summary:

The freedom to take panoramic photos ends where property rights begin—and, from a legal standpoint, the Oktoberfest is privately organized territory during the event. The fact that Munich is now consistently exercising these rights may sound unusual to streamers, but it is entirely legitimate from a legal perspective and makes economic sense.

The price of beer may be a matter of debate—but when it comes to filming, the rule is: no license, no livestream.

What should creators or companies do?

1. Analysis: Is the use commercial? Sponsorship, affiliate links, financial transactions, or advertising intent are often sufficient.
2. Early Registration & License Application: Submit your application to the press office / licensing office in time for Oktoberfest. In the UAE: Apply for an Advertiser Permit / media license.
3. Review Terms and Conditions, Terms of Use, and Contracts: Especially for event organizers, convention centers, and amusement parks.
4. Use alternative options: Outdoor shots taken outside the enclosed area are usually covered by the "unobstructed view" rule.
5. Legal guidance in cases of uncertainty:Especially for cross-border projects (e.g., German creators in the UAE).

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