Receive a warning from SLD?
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The founder of the law firm SLD, Sebastian Deubelli from Landshut, actively warns against the unauthorized use of images on behalf of photographers and various image rights agencies. In the respective warnings, the website owners are accused of copyright infringements in connection with photographs to which Deubelli's clients have (alleged) rights.

Yes. Take the SLD warning letter seriously and find out exactly what the warning letter contains and what it demands. Contact a lawyer who specializes in warning letters. They can help you understand your rights and obligations and check SLD's claims. Avoid contacting the law firm directly. All communication should be through your lawyer instead.

In the event of an SLD warning letter, take advantage of our free initial consultation and send us the completed contact form. We will be happy to help you and discuss the most promising defense strategy for you during the initial consultation. We have been defending photo usage cease-and-desist letters since 2007 and now have experience from over ten thousand cases.

In a warning letter from SLD the following is demanded:

1. elimination of the objectionable conduct: The warned party is requested to immediately cease the objectionable conduct and to ensure that it is not repeated in the future.

2. submission of a cease-and-desist declaration: The warned party is requested to submit a cease-and-desist declaration subject to penalty. With this declaration, the warned party undertakes to refrain from the conduct complained of in the future and, in the event of a breach of this obligation, to pay a contractual penalty.

3. reimbursement of warning costs: The warned party is requested to reimburse the costs incurred as a result of the warning. This includes, in particular, the warning party's legal fees.</p

4. note on damages: You will be informed that you must compensate the damage incurred for the use of a photograph without a license. For this purpose, the law firm SLD asserts a claim for damages, the amount of which is calculated on the basis of the so-called license analogy.

The claims asserted by the law firm SLD (formerly Deubelli) include the claim for injunctive relief,claims for damages,as well as the assertion of claims for reimbursement of expenses in the form of lawyer's fees.

If a photograph has been used without authorization, the rights holder has a claim for injunctive relief against the infringer. The same applies if the photographer was not named in connection with the publication. In this case, the photographer is entitled to injunctive relief due to a lack of copyright identification. The injunctive relief claim against the rights holder can only be fulfilled by submitting a statement of discontinuance with penalty clause.</p

Despite this, we advise warned parties not to sign the cease-and-desist declaration sent by the law firm SLD without prior review. A cease-and-desist declaration is a contract and the claim is not always justified. If you sign a prefabricated cease-and-desist declaration without prior review, you will be bound by the content of the contract for life.

In addition to the claim for injunctive relief, the law firm SLD is also asserting a claim for damages. This means that you should compensate for the damage incurred for the use of the photograph. The amount of compensation can only be determined on a case-by-case basis and is usually calculated using the so-called "license analogy".

Lawyer's fees

In addition to the claims for injunctive relief, the legal costs incurred by the rights holders in commissioning the law firm SLD will be claimed. The legal costs are made up of the value in dispute and the business fee. These costs are listed in the letter under "Compensation for necessary expenses".

A cease-and-desist declaration is a legal declaration in which you undertake to refrain in future from the conduct that led to the warning letter.

If you are accused in the warning letter of having committed a copyright infringement, you are usually advised to submit a cease-and-desist declaration in order to prevent further legal action. However, you should make sure that the declaration is worded correctly and appropriately without making excessive demands. In any case, it is advisable to consult a lawyer.

If you have not committed the alleged copyright infringement or if you have doubts about the legality of the warning letter, you should act with caution and, if necessary, seek legal advice before signing a cease-and-desist declaration. In some cases, an untrue cease-and-desist declaration can be expensive and have serious legal consequences.

It is often mistakenly assumed that a modified cease-and-desist declaration is a suitable defense measure against warning letters, as it allegedly protects the obligated party from a contractual penalty. However, this assumption is incorrect, as even a modified cease-and-desist declaration obliges the signatory to pay a contractual penalty if the obligations are breached. In addition, there is a financial risk, especially if the perpetrator of the infringement is unknown and further infringements of the cease-and-desist agreement are committed.

A modified cease-and-desist declaration also does not guarantee protection against financial claims, but merely fulfills the claim for injunctive relief and obliges the other party (you) to adhere to the agreement. It is therefore advisable to seek advice from a competent lawyer and examine alternative defense measures in order to best protect yourself against future cease-and-desist letters.