FAQ
Answers to the most common questions:
A warning is a letter in which I am informed that I should refrain from a certain action or behavior in the future. As a rule, I am also informed that a duty or right has been violated.
Warnings are sent to avoid expensive and time-consuming court proceedings. They thus serve to avoid a lawsuit. In addition to reducing costs, another aim of the warning letter is to relieve the courts.
A warning fulfils a total of three functions:
• Warning function: I am made aware of my illegal behavior.
• Dispute resolution function: The originator seeks an out-of-court settlement.
• Cost avoidance function: The high costs of a court hearing are to be avoided.
It is not always immediately apparent whether a photo, for example, that I find on Google is a copyrighted work. Nevertheless, it is legal obligation to check it before using it. Copyright infringement refers to the violation or disregard of exploitation rights established in the German Copyright Act (UrhG) and the laws of your country.
In simplified terms, this relates in particular to the unlawful production or distribution of copyrighted works, such as making or distributing copies of the work in question.
No! The author has a very understandable interest in his works not being used without authorization. A copyright infringement is often regarded as a minor offence, but this is in no way justified.
As an author, I regularly invest a lot of time in the creation of a "perfect" work. It is therefore more than understandable that I suffer damage when my work is simply "stolen" and used for commercial purposes by you as the infringer. In fact, the purpose of a warning from the legislature makes perfect sense, because an out-of-court settlement reduces costs and avoids unnecessary court proceedings.
According to a decision by the Higher Regional Court of Munich (ruling dated January 15,2015, case no. 29 W 2554/14), as an end user of an image, you would act negligently if you relied on the service provider regarding the existence of usage rights.
However, if you can provide suitable documentation proving the ownership of usage rights, then the burden of proof lies with the service provider. If you cannot provide such evidence or fail to prove it, it is advisable not to engage in a legal dispute to avoid further costs.
Yes, you still have to react because according to the law you have violated the rights of the author. The duration of the infringement only plays a mitigating role in a copyright infringement. Even if the image was only used for a minute, it is a copyright infringement that only becomes statute-barred after three years.
I do not determine the value of the work, nor does the lawyer. The calculation of damages is based on the simplest and most commonly used method, the so-called "license analogy" or "indemnity license".
In my case, industry standard rates consistent with case law were used to determine a fair value. For example, for a photo on a website, this could be an internet license fee. If I have not named the author in connection with the work, the license fee increases by 100 percent.
Yes! If the infringementis repeated, a contractual penalty will be due.
You must also stop the image from being retrieved in Google's cache. You are obligated to take active action to eliminate existing dangers.
Yes! You also need to make sure the image is deleted from the server. The mere possibility of being able to access the image via the corresponding URL constitutes a violation.
In the event of a copyright warning, it is not necessary to be represented by a lawyer. You can weigh up for yourself whether you have committed an infringement. The decision here for lies entirely with you.
Yes, it is very important to meet the deadlines. Otherwise, after the deadline has expired, there is a risk of an injunction. Such court proceedings can result in unnecessary, significant additional costs.
If you ignore the warning, there is a risk of an injunction after the deadline has expired. Such legal proceedings can result in significant additional costs that could have been avoided.
Yes! The dispute will end immediately if you pay the requested amount.
Do you have any other questions?
Judgments
Final decisions made by a court or judge in a legal case that determine the rights and obligations of the parties involved based on the applicable laws and the evidence presented.
The infringed party may demand that the infringer submit a cease-and-desist declaration with a penalty clause in order to prevent the risk of repetition of the infringement.
The MFM (Mittelstandsgemeinschaft Fotomarketing) are calculated parameters that an injured party can use to determine his compensation.
The injured party shall also be entitled to claim legal costs from the infringer.
The operator of an Internet portal in which third parties can post content intended for the public (here: recipes) is liable for this content in accordance with the general regulations if he checks the posted content for completeness and correctness before it is released and thus makes it his own. This also applies if it is recognizable for the users of the Internet portal that the contents (originally) do not originate from the operator, but from third parties. An indication that the portal operator adopts the content as its own also lies in the fact that it grants itself comprehensive rights of use to the third-party content and offers third parties the opportunity to use this content commercially.
If the infringement can be found on the Internet and is not restricted to a local area, the infringement is justified anywhere in the Federal Republic. For this reason, there is a so- called "flying jurisdiction", which makes it possible to bring an action throughout the Federal Republic before the courts responsible for copyright disputes.
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