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Warning letter received from Zielinski Legal?
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Lawyer Carl Christian Müller
Warning letter received from Zielinski Legal?
Who is behind Zielinski Legal?
The law firm Zielinski Legal is run by lawyer Marcin Zielinski. The law firm represents photographers, bloggers and musicians who believe their copyright has been infringed. In the cases known to us, attorney Zielinski primarily sends warning letters for photographers due to (alleged) copyright infringements.
To this end, the Zielinski Legal law firm works together with the company Photoclaim. Photoclaim is an internet service provider where photographers can register free of charge and post their photographs for monitoring. Photoclaim then searches the Internet for these photographs. If Photoclaim finds the photograph on a website, it has the law firm Zielinski Legal send warning letters.
Do I have to take a warning letter from Zielinski Legal seriously?
Yes, do not simply try to sit the matter out. Attorney Zielinski sends out serious warnings to which youmust respond in any case in order to avoid an injunction or a lawsuit, which would incur additional costs.
The warnings issued by the Zielinski law firm often concern the unauthorized use of photos. For the warning letter, it does not matter whether you intentionally used the photo without permission or whether you made a mistake. Even in the case of inadvertent use, the author can claim injunctive relief against you. That is why you must respond to the allegations.
Have a lawyer who specializes in copyright law help you with this. Thanks to our many years of experience, we know what steps to take before signing a cease-and-desist declaration or seeking another solution.
Do I have to respond to the warning letter from Zielinski Legal?
If you have received a warning letter from Zielinski Legal, you should always respond to it. A warning letter is a legal letter in which you are accused of infringing copyright or other legal provisions and usually contains a demand for injunctive relief and damages.
If you do not respond to a warning letter from Zielinski Legal, this can lead to legal consequences, such as a court action against you or an injunction.
Check the warning letter carefully and seek advice from a lawyer to determine whether the allegations are justified and how you should respond.
In any case, you should not ignore the warning or dismiss it as irrelevant, as this can lead to further legal problems.
Do I have to sign the cease-and-desist declaration?
If you have received a warning letter containing a cease-and-desist declaration, you should carefully consider whether you want to sign it or not.
Such a declaration obliges you to refrain from a certain action in order to avoid an imminent infringement. If you sign the declaration, you legally undertake to refrain from the action that is the subject of the warning in the future.
However, the cease-and-desist declaration often comes with a contractual penalty, which you will have to pay if you breach the agreement again. You should therefore always seek advice from a lawyer before signing it. A lawyer can help you assess the situation and decide whether or not it is in your best interests to sign the cease-and-desist declaration.
Warning letter from Zielinski Legal - this is how we proceed
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Submit warning
Submit your Zielinski warning via our contact form. Please describe the background to your case. We will usually get back to you on the day of the request.
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Free
initial consultationWe take a look at the warning letter. One of our lawyers specializing in cease-and-desist letters will then contact you and discuss the prospects of success of your case with you. The consultation is free of charge
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Our offer
for youImmediately after the initial consultation, you will receive our order documents, with which we will once again confirm in writing what we have discussed. You can then consider at your leisure whether you want to continue with us.
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We get started
Immediately after being instructed, we will take the necessary steps to successfully defend you against the warning letter. We will inform you transparently about the progress up to the final settlement of the matter.
What should I do after receiving a warning letter
from Zielinski Legal?
If you have received a warning letter from Zielinski Legal, it is important to remain calm and to read the warning letter carefully. Seek legal advice to examine the allegations in the warning letter and to advise you on how to proceed. Every warning letter should be taken seriously and you should respond within the set deadline to avoid further legal consequences and problems. It is therefore advisable to contact your lawyer to ensure that you take all the necessary steps in good time.
Do not remain inactive
It is important that you do not simply ignore a warning letter from Zielinski Legal or dismiss it as spam. Within a relatively short period of time, which is usually around one week, you must submit a cease-and-desist declaration and pay the amount demanded. If you do not respond, there is a risk that Zielinski Legal will take you to court.
What can we do for you?
We offer you a free initial consultation in which you can benefit from our extensive experience with over 10,000 copyright warnings. We are familiar with the approaches used by warning letters and know how to limit the damage for you.
The content of the Zielinski Legal warning letter
A warning letter from Zielinski Legal demands the following:
1. elimination of the conduct complained of: The warned party is requested to immediately cease the conduct complained of 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.
Warning letter from Zielinski Legal - this is how we proceed
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Submit warning
Submit your copyright warning via our contact form. Please describe the background to your case. We will usually get back to you on the day of the request.
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Free
initial consultationThe free initial consultation usually takes place on the day of your inquiry and is always conducted by a lawyer. During the initial consultation, we give you a clear indication of the costs and the chances of success of your case.
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Our offer
for youImmediately after the initial consultation, you will receive our order documents, with which we will confirm our approach and the fee discussed in writing.
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We get started
Immediately after being instructed, we will take the necessary steps to successfully defend you against the warning letter. We will inform you transparently about the progress up to the final settlement of the matter.
Your contact person
Rechtsanwalt Carl Christian Müller, LL.M. Fachanwalt für Urheber- und Medienrecht
Experienced in warning letters from Zielinski
- Specialized in cease-and-desist letters for photo use
- Years of experience in defending and dealing with von Zielinski cease-and-desist letters
- Free initial consultation for Zielinski warning letters
- Available for you nationwide
Do I have to pay the amount of compensation claimed?
In most cases, the damages stated in the warning letters are set too high. The amount of damages depends largely on the period of use and the type of use. If the damages are calculated using the license analogy, as is the case with most copyright warnings, the user of the photograph should not be placed in a better position than a contractual licensee who has paid for the license. If attorney Zielinski uses the so-called MFM tariffs for the calculation, particular caution is required.
What are MFM tariffs?
The rates of the "Mittelstandsgemeinschaft Foto-Marketing" (MFM) are intended to reflect the current fees for the use of photos in Germany. Every year, the MFM publishes a brochure entitled "Bildhonorare". The problem: the MFM table is based on opinion polls of professional market participants and is clearly in favor of photographers. The application of the MFM tariffs therefore leads in many cases to excessive payment claims on the part of rights holders.
Applicability of MFM tariffs has been controversial for years
Current case law is of the opinion that the MFM tariffs may only be applied if the image in question was not only used in a private context and was taken by a professional photographer (OLG Hamm, judgment of 13.02.2014, ref. 22 U 98/13) or in its quality approaches a professional photograph (OLG Munich, judgment of 05.12.2013, Ref. 6 U 1448/13; LG Düsseldorf, judgment of 24.10.2012, Ref. 23 S 386/11; LG Cologne, judgment of 27.05.2014, Ref.: 14 S 38/13). In a decision we obtained on the MFM tariffs, the LG Berlin found that it is not sufficient that a picture was taken by a professional photographer (judgment of 29.01.2016 - Ref.: 16 0 522/14). The photographer must be able to prove that the photograph was licensed at the rates listed in the MFM table during the relevant period of use. It is precisely this proof of this licensing practice that causes many warning letters to fail.
I will defend you in the event of a warning letter from Zielinski Legal
Lawyer and specialist lawyer for copyright and media law Carl Christian Müller has been admitted to the bar since 2002 and has years of experience in the defense of Zielinski Legal warnings.
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