Attorney Carl Christian Müller
Copyright cease-and-desist letters can pertain to a wide variety of uses. Common categories include warning letters regarding music use on social media, cease-and-desist letters regarding file sharing , and cease-and-desist letters regarding the unauthorized use of photos and images.
Depending on the type of case, different rights holders and law firms may be involved. Below you will find typical entities issuing cease-and-desist letters and can go directly to the information that applies to your letter.
→ Warning letter regarding music use on social media
Warning letter regarding file sharing
Warning letter regarding photo use
A warning letter regarding a copyright infringement accuses you of using a copyrighted work or other protected material without the necessary rights. This may include, for example, music, movies, photos, texts, or other protected content.
The purpose of the cease-and-desist letter is to resolve claims out of court. Depending on the case, cease and desist, damages, and reimbursement of attorneys’ fees may be demanded. Whether these claims actually exist must be examined on a case-by-case basis. Section 97 of the German Copyright Act (UrhG) specifically governs claims for injunctive relief and damages, while Section 97a of the UrhG governs copyright cease-and-desist letters.
A copyright infringement may occur if a protected work or performance is used without the necessary rights of use and there is no legal authorization for such use. Therefore, the decisive factors are not only whether content was used, but also what rights existed and how the use took place.
Particularly in the case of cease-and-desist letters regarding social media music, file sharing, or photos, the legal issues vary considerably. Therefore, the specific allegation should be examined based on the cease-and-desist letter.
With a cease-and-desist declaration subject to a penalty clause, the signatory agrees to refrain from a specific action in the future. In the event of a subsequent violation, a contractual penalty may become due.
A pre-formulated cease-and-desist declaration is often already attached to a warning letter. This should not be signed without first reviewing it. Whether a cease-and-desist declaration is necessary at all and what its content should be depends on the specific case. Once submitted, such a declaration can bind the signatory for the long term.
The amount of the claim depends heavily on the alleged copyright infringement. In particular, damages and reimbursement of necessary legal costs may be sought.
For certain cease-and-desist letters sent to private individuals, Section 97a(3) of the German Copyright Act (UrhG) limits the value in dispute—which determines the statutory attorney’s fees—for claims for injunctive relief and removal to 1,000 euros. However, this limit applies only under certain conditions and not across the board for every copyright warning letter.
It is therefore crucial whether the claim is justified in terms of both its basis and its amount. A demanded sum should not be paid simply because it is specified in the warning letter.
Send us your cease-and-desist letter via our Free Warning Letter Review and briefly describe the circumstances. We’ll usually get back to you on the same day you submit your request.
One of our attorneys specializing in copyright cease-and-desist letters will review your correspondence and discuss the legal situation, possible courses of action, and the next steps with you. The initial consultation is free of charge.
Immediately after the initial consultation, you will receive our engagement documents, in which we will confirm in writing the details we discussed. You can then take your time to consider whether you would like to continue working with us.
Once you’ve retained our services, we’ll handle all further communication, review the claims made, and take the necessary steps. We’ll keep you informed of the progress of your case in a transparent manner.
After receiving a copyright warning letter, you should, above all, take the deadlines seriously and not sign or pay anything hastily. You should also not contact the other party without careful consideration.
Save the complete warning letter and document the use in question. Depending on the case, this may include screenshots, URLs, license documents, invoices, or information about who used an Internet connection or social media account.
Even if the underlying allegation is generally accurate, this does not automatically mean that all claims are justified in the form and amount demanded. Claims for injunctive relief, liability, damages, and attorneys’ fees must each be examined separately.
We will review what rights the party issuing the warning letter can actually assert, whether you are responsible for the alleged infringement, and whether the demanded payments have been calculated in a reasonable manner. If the cease-and-desist declaration is the subject of the warning letter, we will also examine whether and in what form you should respond to it.
We will then discuss with you the most economically and legally sound course of action and, upon request, handle further communication with the opposing party.
The initial assessment of your cease-and-desist letter is free of charge. You’ll benefit from our experience with more than 10,000 copyright warning letters.
Simply ignoring a copyright cease-and-desist letter does not make the asserted claims go away. If the recipient does not respond, the rights holder may continue to pursue their claims either out of court or through the courts.
Particularly in the case of injunctive relief , legal action can result in significant additional costs. Depending on the case, legal steps to enforce claims for payment may also be considered.
However, this does not mean that the demands in the cease-and-desist letter should be complied with without review. It is crucial to assess the legal situation within the specified time limits and then respond in a targeted manner.
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Rechtsanwalt Carl Christian Müller, LL.M. Fachanwalt für Urheber- und Medienrecht
Our initial assessment of your copyright warning letter is free of charge. Before you retain us to represent you further, we will discuss the associated costs with you in a transparent manner.
For many copyright warning letters, we work on a flat-fee basis. You then pay a fixed amount for the agreed-upon services. This agreed-upon flat fee remains the same regardless of how many letters are required as part of this engagement or how often you have questions.
The specific amount depends on the individual case and the scope of our work. After the initial consultation, you will receive a written quote and can then take your time to decide whether you would like to retain our services.
Attorney Carl Christian Müller is a specialist in copyright and media law and has been admitted to the bar since 2002. He has many years of experience defending clients against copyright warning letters.
Have your warning letter reviewed free of charge before you sign a statement or make a payment.
