Lawyers for copyright
We enforce your rights consistently and effectively!
What is copyright?
Copyright is based on 4 legal principles.
What are the 4 principles of copyright?
- Copyright arises through the creation of a work.
- Copyright is (in Germany, except for death) non-transferable.
- The moral rights are recognized.
- The right to a fair remuneration for the author.
The simple judicial and extrajudicial enforceability of these principles should protect the copyright and protect the author.
Table of Contents
How do I protect myself against copyright infringement?
There are several ways to protect against copyright infringement. On the one hand helps the copyright and on the other hand, the competition law.
What exactly can I do to prevent a copyright infringement?
This always depends on which concrete infringement you want to defend yourself against. However, the most effective is the copyright warning.
How does a copyright warning work?
A warning generally consists of a cease and desist letter, combined with a claim for damages against the copyright infringer. Such a warning write our lawyers against the copyright infringer.
Is there a risk in a warning?
Yes, they exist. If you send a faulty or unauthorized warning, you are threatened with the sanctions of § 97a Abs. 4 UrhG. This is:
Insofar as the warning is unjustified or ineffective, the warned replacement may demand the expenses necessary for the defense of the law, unless it was not clear to the warning person at the time of the warning that the warning was unjustified. Further claims for compensation remain unaffected.
In plain English, this means that in the event of such a warning, you must pay the costs of the opposing side and their legal fees.
How can I protect myself against this?
By assigning a lawyer specializing in copyright. Our Attorney Stephen Hendel Clarifies you about possible traps and enforces your copyright consistently.
Are there any other options besides a warning?
Yes there is. For example, you can also send an authorization request to the opponent. An authorization request is essentially a kind of non-binding legal discussion with the key question "Why do you think you are allowed to use my picture, piece of music, video, etc.?"
Can I safely send an authorization request?
No! You also have to pay attention to many things when making an authorization request. For example, this may not contain any threat of judicial sanctions. Otherwise, this can easily be considered as a warning. Under certain circumstances, this would trigger § 97a para. 4 UrhG. We also recommend having a permission request made and sent by a lawyer specializing in copyright law.
You have received a copyright warning?
If you have received a copyright warning, you should make an appointment with a lawyer for advice as soon as possible! The deadlines set here are usually short and the threat of damage high.
Could not I simply sign the declaration of omission?
We advise against this urgently! You should never sign a declaration of discontinuance without attorney's advice and examination. Because hereby you commit yourself to refrain from a certain behavior in the future. If you violate this, massive penalties are imminent.
Is such an initial consultation by a lawyer expensive?
No. At least not in comparison to the consequences, which can threaten you with the delivery of an unchecked warning. We offer you the initial consultation with a received copyright warning for a flat rate of 190,00 EUR plus VAT.
An extract from our consulting services
- Employment contracts relating to copyright
- Terms of use for the use of copyrighted content
- artist contract
- Image Usage Agreement
- IT contract
- Software Agreement Agreement / Software License Agreement
- Publishing contract (book publisher, music publisher)
- Author publishing
- File sharing (peer-to-peer networks)
