Effective

Defense in the

Copyright.

Defending against claims based on allegations of copyright infringement can be challenging: Our team of experienced attorneys can help you successfully defend against them.

Call now!

Challenges posed by copyright claims

Companies that are confronted with copyright cease and desist letters and claims from rights holders face considerable challenges. These challenges are not only of a legal nature, but also have far-reaching economic implications associated with the claims asserted. Often, the scope and reach of the copyright claims made are not as far-reaching as they initially appear based on the wording.

In the case of accusations of unauthorized use of protected works, the first question that arises is whether one’s own use actually infringes the author’s laws. This in turn depends on various factors, which in individual cases can lead to the restriction of individual claims or even rule out a copyright infringement. Therefore, there is often a realistic possibility of successfully defending against such claims.

Even if an infringement of copyright is assumed, the scope of the claims asserted should always be questioned, in particular in order to defend against them in the best possible economic way.

Copyright claims

If you receive a copyright cease and desist letter or are already in a legal dispute in court, the following claims are usually asserted

Injunctive relief:
The purpose of injunctive relief is to effectively prevent further acts of infringement. The infringer must refrain from using the protected content in the future. Protected content may not be used, in particular exploited or reproduced, without the consent of the rights holder. This claim is fulfilled out of court by submitting a cease-and-desist declaration with a penalty clause.
Removal claim:
The removal claim serves to eliminate existing infringements of rights or their consequences. The infringer must ensure that the infringement is removed, e.g. by removing infringing content or by recalling and destroying infringing copies.
Claim for damages:
With the claim for damages, the author or rights holder can assert the damage caused by the copyright infringement. The damage can be calculated in three different ways: by the loss of own profit, by the infringer’s profit or by a fictitious license fee. The amount of the fictitious license fee varies depending on the type of work and can be determined on the basis of the author’s respective licenses. Due to the lack of attribution of the author, which results from the moral rights of the author, the claim for damages can be doubled.
Information and accounting claims:
The information and accounting claim serves to determine and quantify the damage and provide information about suppliers and customers who may have committed infringements. The infringer must provide detailed information on the type, scope, duration, turnover and profit from the infringement and render accounts. The infringer is obliged to provide supporting documents such as invoices, delivery bills and orders so that the information can be verified.
Destruction and recall claims:
The infringer must take precautions to ensure that no further copyright infringements occur. He must recall and destroy the infringing content and, if necessary, the products and advertising material from the distribution channels, insofar as this is necessary to eliminate the copyright infringement.
Reimbursement of the costs of the cease and desist letter:
The author has a claim for reimbursement of costs against the infringer of his laws to the effect that, in the event of a justified cease and desist letter, he can demand reimbursement of the associated costs (e.g. lawyer’s fees, test purchase costs) from the infringer.

Effects of these claims for the defendant

Copyright claims can have considerable consequences, which many companies are often not immediately aware of when they are confronted with a cease and desist letter or the claims of an author or rights holder. The consequences of these claims can be quite serious.

Conversion costs:
If companies are forced to change content or even products due to injunctive relief and removal claims, this can involve considerable costs. Products, advertising materials and online presence that contain the offending work must be changed or replaced. This can lead to high costs because investments already made in marketing with copyright-infringing content are lost.
Business interruptions:
Depending on a company’s product range, even the prohibition of use of the work can lead to business interruptions which, in the worst case, can jeopardize the continued existence of the company.
Reputational damage:
A company’s reputation can also be significantly damaged by copyright disputes that become public. As commercial customers of the products can also be affected by claims, there is a risk of lasting damage to relationships with business partners.
Information and invoicing:
The information to be provided to the author may be very extensive and may include the disclosure of business relationships as well as the submission of invoices and other internal documents. This can have a lasting negative impact on business relationships, especially if commercial customers are also affected by the claims, who in turn assert recourse claims, which can have further legal and economic consequences.
Legal costs and claims for damages:
The amount of damages in copyright law depends on the loss of profit of the rights holder, a reasonable license fee or the profit made by the infringer. Depending on the case constellation, this can add up to considerable amounts which, in the case of justified claims, are added to the often high cease and desist letter and legal costs.
Recall and destruction costs:
Companies can be forced to take back and destroy products that have already been produced and distributed if they infringe copyrights. This not only causes immediate financial losses, but can also significantly damage customer confidence.

Received a cease and desist letter?

How to react

You are best advised to

cease and desist letter!

A cease and desist letter, e.g. for infringement of competition law, industrial property rights or copyright, should always be taken seriously, as it can have considerable legal and financial consequences.

Timely and professional advice is crucial in order to minimize risks and develop the right strategy.

Check cease and desist letter: Have the cease and desist letter legally checked. Not every cease and desist letter is justified, formally correct and abusive cease and desist letters are unlawful.
Observe the deadline: Be sure to respond within the set deadline to avoid further legal action such as an injunction or a lawsuit.
Check the cease-and-desist declaration: Do not sign a pre-formulated cease-and-desist declaration without legal advice. It could be too far-reaching and lead to considerable and lasting disadvantages. Once a cease-and-desist declaration has been signed, it is almost impossible to get rid of it and can result in considerable follow-up costs in the form of high contractual penalties.
Strategy: Regardless of whether the cease and desist letter is justified or not, you should consider the right strategy for responding to the cease and desist letter with professional support. Many aspects play a role here. For example, there may be formal errors or the submission of a cease-and-desist declaration may involve incalculable risks.

How we defend our clients against
copyright claims

First of all, we check whether and to what extent the asserted copyright claims actually exist. In this context, we evaluate the defense options and work out the legally and economically most sensible alternative courses of action for you. We then develop targeted strategies to defend against the asserted claims in the best possible way or, if a defense does not appear possible, to limit the economic consequences in the best possible way. To this end, our law firm offers a range of services specially tailored to the defense against copyright claims and cease and desist letters:

Review and analysis:
We analyze the legitimacy of the claims made against you and check whether a copyright infringement has actually occurred. We also check whether and to what extent the infringing content enjoys copyright protection.
Strategic advice:
Based on our analysis, we develop a tailor-made defense strategy to defend against claims in the best possible way.
Negotiation with the other party:
We take over the communication with the cease and desist letter in order to reach an out-of-court settlement and represent your interests in the best possible way.
Preparation of protective briefs:
In the event of impending interim injunctions, we prepare protective briefs in appropriate cases in order to prevent the issue of an interim injunction without an oral hearing.
Representation in court:
In the event of a legal dispute, we will represent you competently in court.

Our expertise – your advantage

Our law firm has many years of experience in the field of copyright law, both in court and out-of-court proceedings. We understand the various approaches to defense in order to achieve the best economic result for you. Our specialized lawyers combine sound legal expertise with practical solution strategies to successfully handle even complex disputes. This benefits you:

Legal expertise:
Through continuous further training and a close exchange within our professional network, we ensure that we are always up to date in the field of copyright law and closely follow current developments.
Experience before courts nationwide:
We have been successfully representing our clients in proceedings before courts nationwide for many years. Thanks to this long-standing practice, we have gained extensive experience with the jurisdiction of the courts and the procedures of the competent authorities.
Individual support:
We provide you with individual support and develop customized solutions that are precisely tailored to your needs and specific requirements.
Success-oriented action:
Our aim is to consistently defend against unjustified claims and, in the case of justified claims, to enforce the best economic solution for you.