- Free initial consultation
- Nationwide representation
- Fair flat fees
Received a warning letter from Frommer Legal? We protect your rights!
Lawyer Carl Christian Müller
Who is Frommer Legal?
Frommer Legal is a Munich-based law firm that was formerly known as Waldorf Frommer. The approximately sixty lawyers employed by Frommer Legal represent companies in the film and music production sector in particular. Frommer Legal specializes in the prosecution of copyright infringements. In particular, users of Internet file-sharing networks who download current films or TV series via these networks receive warning letters from Frommer Legal.
Do I have to take a Frommer Legal warning seriously?
Yes, you definitely should. The Frommer Legal warning letter is not a fake warning letter. If you do not respond to the warning letter, you must be prepared for legal proceedings - even if not immediately - but in the medium term.
Why have I received a Frommer Legal warning letter?
You have received a Frommer Legal warning letter because a film, series or other copyrighted material is alleged to have been downloaded from your internet connection via a so-called internet file-sharing network (peer-to-peer network). As a rule, the accusation is true - but this does not always mean that you can be held legally responsible.
Am I automatically liable as the owner of the connection?
No, if you are not responsible for the alleged copyright infringement, you are not liable for it either. However, it is not enough to simply deny the accusation; according to the case law of the Federal Court of Justice, there is a factual presumption that you, as the owner of the connection, also use the connection yourself and are therefore a possible perpetrator. However, you can rebut this presumption. If this is successful, you do not have to pay anything.
Should I sign the cease-and-desist declaration?
If you are not responsible for the copyright infringement, you should not submit the cease-and-desist declaration. Only if you can be held responsible for the copyright infringement can you consider submitting a cease-and-desist declaration. However, you should only do this from the outset via your lawyer in order to remain in a good negotiating position with regard to payment claims.
Frommer Legal warning - How we work with you
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Submit warning
Submit your Frommer Legal 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, which we will use to confirm what we have discussed in writing. 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 Frommer Legal warning letter?
After receiving a warning letter from Frommer Legal, the most important thing is to remain calm. Above all, do not sign anything hastily. Do not call the other party hastily either. Even if the accusation of copyright infringement is true on the merits, you have a number of defense options to keep the damage to a minimum.
Do not remain idle
Doing nothing and trying to sit the matter out will not get you any further with a Frommer Legal warning letter. If you do not react, you will usually only receive further written requests to fulfill the claim from the first letter from Frommer Legal. Even if there are a few months or even years of silence afterwards, at some point a reminder notice or legal action will be issued
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What can we do for you?
First of all, we offer you the option of a free initial consultation. Benefit from our experience from more than 10,000 copyright warnings. We know the tricks and, above all, the interests of the warning letters and know how to keep the damage to a minimum.
Our approach: Transparent, fair and at eye level
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Submit warning
Submit your Frommer Legal 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.
-
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.
-
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.
-
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.
The content of the Frommer Legal warning letter
Typically, a Frommer Legal warning letter first provides a detailed description of the alleged infringement, namely the alleged unauthorized distribution of protected material via an Internet file-sharing platform.
A cease-and-desist declaration is then requested in order to avoid future infringements.
In addition to the cease-and-desist declaration, payment of damages and warning costs is demanded. The amount of these claims can vary depending on the type of infringement and the extent of use of the protected material.
Who does Frommer Legal represent?
Frommer Legal Rechtsanwälte represents a large number of major film production and distribution companies. As a law firm, Frommer Legal pursues the interests of its clients by issuing warning letters in order to stop the infringement of their clients' intellectual property rights and limit potential damage. In this respect, the Munich lawyers issue warnings on behalf of their clients for everything that is currently "in". Current movies, blockbusters, TV series, the most popular albums by major artists, etc. - everything that is currently popular and suitable for the masses.
Rights holders represented by Frommer Legal
- Warner Bros. Entertainment GmbH
- Warner Bros. Entertainment Inc.
- Twentieth Century Fox of Germany GmbH
- Twentieth Century Fox Home Entertainment Germany GmbH
- LEONINE Distribution GmbH (formerly: Universum Film GmbH)
- LEONINE Licensing AG (formerly: Tele München Fernseh GmbH + Co. Produktionsgesellschaft)
- STUDIOCANAL GmbH
- TOBIS Film GmbH
- Constantin Film Verleih GmbH
- Majestic Filmverleih GmbH
- Sony Music Entertainment Germany GmbH
- Constantin Film Verleih GmbH
- Bastei Lübbe AG
- Tiberius Film GmbH
What's so bad about the cease-and-desist declaration?
A cease-and-desist declaration is a contract between the person issuing the warning and the person being warned. With this contract, the person being warned promises not to repeat the copyright infringement. If this does happen (negligence is sufficient), a contractual penalty is due, which can amount to several thousand euros. The contract is valid for life.
So much for the theory. In practice, these cases are not about the cease-and-desist declaration, but about the payment claims. After 15 years of practical experience and thousands of cases, we are not aware of any example in which Frommer Legal has demanded a contractual penalty from a cease-and-desist declaration - not even in the case of multiple offenders.
Does a modified cease-and-desist declaration make sense?
A modified cease-and-desist declaration is a cease-and-desist declaration that the person being warned has adapted to their advantage and which is nevertheless effective, i.e. must be accepted by Frommer Legal.
In fact, however, the legislator has now imposed very strict requirements on the cease-and-desist declarations attached to warning letters. Accordingly, Frommer Legal's cease-and-desist declarations are designed in such a way that they are at least as onerous as possible. If you read something different on other sites, it may be because they want to unsettle you.
At the same time, it is worth asking a lawyer for advice. The question is not so much: "To modify or not?" but rather "To sign or not to sign?
Where did Frommer Legal get my address?
On behalf of Frommer Legal, the company Digital Forensics GmbH monitors file-sharing networks and peer-to-peer networks using specially developed software, the so-called Peer-to-Peer Forensic System (PFS). This software is used to store the IP address of the person being warned, which was assigned to them by their Internet provider at the time, as well as the hash value of the movie file. This IP address is subsequently the subject of so-called information proceedings: The law firm applies to the regional court responsible for the respective internet provider to allow it to hand over the address data behind the IP address to the law firm Frommer Legal.
"The IP address stated in the warning letter
is incorrect."
We regularly hear this objection in our initial consultations. This is due to the fact that many internet providers assign dynamic IP addresses, i.e. the IP address changes regularly. If the warning letter was sent due to an outdated IP address, it is possible that the IP address was actually assigned to a different person at the time of the alleged infringement.
What amounts are demanded in the Frommer Legal warning letter?
The amounts demanded by Frommer Legal are made up of legal fees and damages. The amount of compensation can vary greatly. The amount depends largely on whether a movie or the episode of a series was downloaded. It is therefore difficult to make a general statement about the amount of damages claimed in a Frommer Legal warning letter. The specific claim is usually set out in the warning itself.</p
The amount of the legal fees depends on the amount of damages. The higher the amount of damages, the higher the legal fees. Below you will find some examples of calculations from warnings we have received.
Upload 1 movie
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Upload 2 movies
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Upload 1 episode of a series
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Upload 2 episodes of a series
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Upload 3 episodes of a series
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Are the claims for damages justified?
If you are not responsible for the infringement, you do not have to pay anything.
However, if you are responsible, the rights holder can demand compensation for the damages resulting from the copyright infringement. The interesting question here is how the damages are calculated. Case law uses the so-called license analogy to calculate damages.
Damages according to the pi times thumb theory
The theory is based on the hypothetical question of what market price the rights holder could have demanded for the act of use (posting the film on the file-sharing platform). The crux: there is no such market. In recent years, the Federal Court of Justice has therefore estimated the appropriate amount of damages on the basis of pi times thumbs with unconvincing justifications and awarded the rights holders the amounts demanded.
Is it even worth having your own lawyer?
It is worth consulting a lawyer, especially if the warning is justified. A lawyer can help you assess the situation and find a more favorable solution by negotiating options.
Important: ask about price and service beforehand
Before you instruct a lawyer, ask about the price and what you will get in return. We represent clients who have previously sought advice from other law firms and only paid EUR 400 for a letter - after which the case was over for the law firm.
We will discuss the costs with you during the free initial consultation. We work for fair flat rates. This flat rate covers the entire consultation and representation - regardless of how long the case takes, how many letters we send or how often you call us. We also have your financial interests in mind: When calculating our flat rate, we make sure that the case does not become more expensive than it already is.
I am not responsible -
do I still need a lawyer?
Unfortunately, yes - especially then. On the one hand, our experience shows that Frommer Legal will take you to court - perhaps not immediately and directly - but sooner or later if you do not defend yourself with a lawyer. On the other hand, the Federal Court of Justice (BGH) has ensured with a case-by-case ruling that is worthy of criticism that you have to make a very far-reaching presentation to exonerate yourself within the framework of the so-called secondary burden of proof - which often leads to family members being incriminated at the same time. In such cases, it may make sense to seek an out-of-court solution. Please feel free to contact us about this.
Your contact person
Rechtsanwalt Carl Christian Müller, LL.M. Fachanwalt für Urheber- und Medienrecht
Experienced in the defense against Frommer Legal cease-and-desist letters
- Specialized in copyright warnings due to file sharing
- Years of experience in the defense against Frommer Legal cease-and-desist letters
- Free initial consultation on Frommer Legal warnings
- Available for you nationwide
The right strategy against Frommer Legal warnings is crucial
In order to resolve the matter as cost-effectively and efficiently as possible, the correct strategy is crucial in the case of a Frommer Legal warning letter. The right approach in your case depends largely on how the warning came about, i.e. who actually uploaded the files for you.
The first prerequisite for successful action, however, is that you take action within the set deadlines in order to keep the various options for action open in the following case variants:
A third party has carried out the upload
If you yourself have not uploaded any copyright-protected files to a file-sharing platform, but you cannot rule out with certainty that your children, your partner, your roommate or another third party is responsible for the infringement, it makes sense to take legal action in any case.
In these cases, we generally advise you not to comply with any of the demands made in the Frommer Legal warning letter after comprehensive clarification. In these cases, we also do not issue a modified cease-and-desist declaration. We will explain to Frommer Legal (formerly Waldorf Frommer) why you are neither liable as a perpetrator nor as a disturber in the specific case, but that third parties are possible perpetrators and why you are not liable for their actions.
I did the upload myself
In this case, you are liable for the copyright infringement. However, the case is not over here because you are only liable on the merits for the copyright infringement. There is still the question of whether the claims for payment made by Frommer Legal are also justified in terms of amount. If you want to get the matter off the table quickly and without risk, settlement talks with the other party are an option. In our experience, there is considerable room for negotiation with regard to the warning costs claimed. We would be happy to take over the negotiations and handling of the case for you.
I will defend you in the event of a copyright warning
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 Frommer Legal warnings.
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