Attorney Carl Christian Müller - Specialist in Copyright and Media Law
Frommer Legal is best known for sending cease-and-desist letters regarding file sharing of movies and TV shows. The law firm now also issues cease-and-desist letters regarding the use of music in commercial Instagram Reels, Facebook videos, and other social media posts.
We’ll review your cease-and-desist letter during a free initial consultation and show you what options are available to defend against or reduce the claims.
Please forward the letter from Frommer Legal to us via our Free Warning letter review form. Please briefly describe whether the issue involves file sharing or the use of music in a social media post.
One of our attorneys specializing in copyright cease-and-desist letters will review your documents and discuss the chances of success 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 what we discussed. You can then take your time to consider whether you would like to continue working with us.
Immediately after you retain our services, we will take the necessary steps to successfully defend you against the warning letter. We will proactively keep you informed in a transparent manner about the progress of the case until it is finally resolved.
Frommer Legal pursues alleged copyright infringements on behalf of companies, producers, artists, and other claimants. Currently, there are two main types of cease-and-desist letters. The legal basis and the available defenses differ significantly.
In a file-sharing warning letter, the owner of an Internet connection is accused of making a movie, TV series, or other copyrighted work available via a file-sharing network. This is not just about downloading. File-sharing programs regularly make the downloaded files available to other users at the same time.
If you have received a file-sharing warning letter, read more here.
In recent cases, companies, self-employed individuals, and others acting in a business capacity have been accused of using a song in a Reel, a Story, or another video without a proper license.
So far, most of the known cease-and-desist letters have been related to Instagram and Facebook content. Similar legal issues may also arise on TikTok, YouTube Shorts, and other platforms.
Mueller.legal specializes in defending against copyright warning letters—whether they concern file sharing or the use of music on social media. Take advantage of our free warning letter check.
Frommer Legal is now also taking action against the use of music in commercial social media videos. This affects, for example, company profiles, self-employed individuals, agencies, influencers, and other accounts that promote products or services.
The fact that a music track was available in a platform’s library or in an editing app does not automatically mean that it could be used for any commercial purpose. Key factors include the specific license, the terms of use at the time of publication, the type of account, and the promotional context of the video.
These warning letters regularly demand the removal of the track, the submission of a cease-and-desist declaration subject to a penalty clause, as well as damages and attorney’s fees. In some cases, additional information regarding the nature, duration, and reach of the use is also requested. We’ll review your cease-and-desist letter and provide you with a free initial assessment of your rights!
Recently, we have defended the following Frommer Legal cease-and-desist letters in particular:
This list is not exhaustive.
A cease-and-desist letter is not justified simply because Frommer Legal alleges a legal violation in it. Among other things, the following points must be examined:
Do not delete the video immediately without first securing evidence. In particular, document the following:
You can then determine whether and when the post should be removed. Simply deleting the post generally does not satisfy the cease-and-desist claim and may result in the loss of important information needed for your defense.
In a file-sharing warning letter, Frommer Legal alleges that a copyrighted movie, TV series, or other work was publicly offered on a file-sharing network via the recipient’s Internet connection.
To do this, an IP address is first identified. Following a court authorization proceeding, the Internet service provider may be required to disclose which connection the IP address was assigned to at the time in question. In this way, Frommer Legal regularly obtains the name and address of the connection owner.
We’ll review your cease-and-desist letter and provide you with a free initial assessment!
Typically, a Frommer Legal cease-and-desist letter begins with a detailed description of the alleged infringement, namely the alleged unauthorized distribution of copyrighted material via an Internet file-sharing network.
The letter then demands that the recipient submit a cease-and-desist declaration to prevent future infringements.
In addition to the cease-and-desist declaration, payment of damages and warning letter costs is demanded. The amount of these claims may vary, depending on the nature of the infringement and the extent of the use of the copyrighted material.
Frommer Legal represents a number of major film production and distribution companies. As a law firm, Frommer Legal protects its clients’ interests by issuing cease-and-desist letters to stop the infringement of their intellectual property rights and limit potential damages. In this regard, the Munich-based attorneys issue cease-and-desist letters on behalf of their clients against anything that is currently “trending.” Current movies, blockbusters, TV series, the most popular albums by major artists, etc.—anything that’s well-known, popular, and appeals to the masses.
No. The mere fact that the Internet connection is registered in your name does not automatically mean that you are liable for the infringement.
However, you must be able to provide a clear explanation of how the connection was used and which other individuals had independent access to it. A purely theoretical assertion that family members or other individuals could have committed the offense is generally insufficient.
If the account holder fulfills their so-called secondary burden of proof, it remains, in principle, the claimant’s responsibility to prove who committed the offense. According to the case law of the Federal Court of Justice, there is no general presumption based solely on the fact of being the account holder.
We will help you identify the key circumstances and evidence that can be used to convincingly contest personal liability.
If your partner, children, roommates, guests, or other individuals had independent access to your Internet connection, this could be a decisive factor in your defense.
What information is required and reasonable depends on the individual case. You should therefore not make any off-the-cuff statements to Frommer Legal, nor should you hastily incriminate individual family members.
Even if you have used the file-sharing platform yourself, you should not comply with the demands without first verifying them. In particular, you should check the following:
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Rechtsanwalt Carl Christian Müller, LL.M. Fachanwalt für Urheber- und Medienrecht
The company Digital Forensics GmbH monitors, on behalf of Frommer Legal, using software developed specifically for this purpose—the so-called Peer-to-Peer Forensic System (PFS)— monitors file-sharing platforms and peer-to-peer networks. This software records the IP address of the recipient of the warning letter—the address assigned to them by their Internet service provider at that time—as well as the hash value of the movie file. This IP address then becomes the subject of a so-called disclosure proceeding: The law firm files a motion with the regional court with jurisdiction over the respective Internet service provider, requesting that the court authorize the provider to disclose the address data associated with the IP address to Frommer Legal.
We hear this objection regularly during our initial consultations. This is because many Internet service providers assign dynamic IP addresses, meaning that the IP address changes regularly. If the warning letter was sent based on an outdated IP address, it is possible that the IP address was actually assigned to someone else at the time of the alleged infringement.
Frommer Legal regularly demands compensation for damages and reimbursement of attorneys’ fees in file-sharing warning letters. There is no uniform standard claim. The amount depends, among other things, on whether a movie or a TV episode is involved, how many works are the subject of the warning, and on behalf of which rights holder Frommer Legal is acting. Sales tax is not charged separately in every warning letter.
The amount demanded by Frommer Legal is not automatically justified in full. In particular, it must be examined whether the recipient is liable for the infringement, whether Frommer Legal’s client holds the necessary rights, and whether damages and attorney’s fees were calculated correctly.
We will review the claims in your Frommer Legal cease-and-desist letter and determine whether it is possible to fully contest them or at least reduce the amount demanded.
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The exact details depend on whether the case involves file sharing or the use of music on social media. Typically, multiple claims are combined.
Do not sign the cease-and-desist declaration prepared by Frommer Legal without reviewing it first.
A cease-and-desist declaration subject to a penalty is generally binding in perpetuity. A subsequent culpable violation may result in a substantial contractual penalty. Therefore, the following must be clarified before signing:
A modified cease-and-desist declaration is also not necessarily the right solution in every case. If the claim for injunctive relief is unfounded, it may make sense not to issue any declaration at all. If a claim exists, the declaration must be worded in such a way that it eliminates the risk of recurrence without creating unnecessarily far-reaching obligations.
We’ll find the right approach for you to defend against the warning letter!
The initial review and the subsequent consultation are free of charge.
If you decide to retain our services, you will receive a transparent flat-rate quote before engaging us. In this quote, we will specify in writing which services are included. The amount of the flat fee depends on the nature and scope of the case, as well as the claims being asserted.
Our goal is to achieve a financially sound solution. Legal defense should not end up costing more than the dispute it is intended to prevent or resolve.
Frommer Legal is a Munich-based law firm that formerly operated under the name Waldorf Frommer. The firm specializes in enforcing copyright claims. Frommer Legal became particularly well-known for issuing cease-and-desist letters regarding file sharing on behalf of film producers and distributors. The firm now also takes action on behalf of music producers, artists, and other rights holders against the use of music in social media videos. Clients from the film and media industry listed on the existing website in the past include, among others, Warner Bros., LEONINE, STUDIOCANAL, Constantin Film, and TOBIS. However, the current validity of each claim must always be verified based on the specific letter.
Frommer Legal is a real law firm that has been pursuing copyright claims for many years. The letter should therefore not be dismissed as a hoax or a mere attempt at intimidation. Whether the claims made in it are valid is another matter and must be examined.
In file-sharing cases, you are accused of making a copyrighted work available on a file-sharing network via your Internet connection. Social media cases involve the alleged unlicensed use of a song in a video, Reel, or Story.
You should not let the deadlines pass. However, this does not mean that you have to sign the prepared cease-and-desist letter or pay the full amount demanded.
The availability of a track in a music library does not constitute reliable confirmation that all commercial uses are permitted. The specific licensing terms depend, among other things, on the platform, the account, the intended use, and the applicable terms and conditions.
No. Deletion may prevent further use, but it does not automatically eliminate any claims that have already arisen or the alleged risk of recurrence. Be sure to document the post in its entirety before removing it.
In file-sharing cases, the address is typically determined through the Internet service provider after an IP address has been assigned to a connection. In social media cases, publicly visible profile information, a legal notice, the linked website, or other publicly available information can lead to the identification of the account holder.
Carl Christian Müller, attorney and specialist in copyright and media law, has been admitted to the bar since 2002 and has many years of experience defending against Frommer Legal cease-and-desist letters.
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