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 Lawyer Stephan Hendel Clarifies you about possible traps and enforces your copyright consistently.
Are there any other options besides a warning?
Yes, they exist. For example, you can also send a permission request to the adversary. An authorization request is basically a kind of non-binding legal discussion with the key question "Why do you think you can use my picture, music, video, etc.?".
No I ship an authorization request safely?
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.